Committee of Adjustment

That the application of 627220 ONTARIO INC requesting minor variances to allow an interior (northerly) side yard setback of 1.0m rather than the required 1.5m; to allow a maximum building height of 11.4m rather than the maximum permitted 11.0m; to allow the minimum street line façade openings of 17% rather than the required 20%; to allow a minimum landscaped area of 21% rather than the required 30%; to allow a minimum rear yard landscaped area of 35% rather than the required 40%; and, to permit a driveway width of 2.8m rather than the required 3.0m, to facilitate the construction of an additional 4-uints on an existing 4-unit multi-residential dwelling, having a total of 8 units, generally in accordance with Attachment A – Site Plan, prepared by Facet Design Studio, dated June 17, 2025, on Part Lot 7, Plan 401; being Part 1 on Reference Plan 58R-1450, 99 College Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the property owner shall grant Metrolinx an Environmental Easement for Operational Emissions. The Environmental Easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. That the property owner shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purcha

That the application of INDU SIBAL and NISHANT BALI requesting a minor variance to allow a rear yard setback of 0.6m, rather than the required 4m, provided the deck is setback 2.5m from the northern side lot line to avoid encroachment on an existing easement, to facilitate the construction of a deck, generally in accordance with drawings prepared by the applicant, on Part Block 2, Plan 58M-367; being Parts 6 & 24 on Reference Plan 58R-16593, 413 Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the property owner shall submit a Construction Plan prior to a Building Permit Application to indicate how the deck will be constructed, including how the property will be accessed, how the existing grade will be maintained, and how the Natural Conservation Lands will be protected from any encroachment or sedimentation during construction. 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

That the application of PRERNA CHUGH and VIJAYENDRA CHUGH requesting a minor variance to allow a personal service use (Home Occupation) within a single detached dwelling, with one additional dwelling unit (ADU)(attached) whereas the Zoning By-law only allows a personal service use in a single detached dwelling, in accordance with drawings prepared by Pawandeep Grewal, submitted with application Minor Variance Application A2025-074 and finalized on July 18, 2025, on Part Block 4, Plan 58M-505; being Part 7 on Reference Plan 58R-19874, 288 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 HET THI PHAN and PHUNG VAN HUYNH requesting minor variances to allow a mixed-use building to have a lot width of 13.1m rather than the required 15m; and, to allow for a lot area of 225.9 sq.m. rather than the required 600 sq.m. to facilitate the conversion of the ground floor Residential Use to a Personal Services Use, in accordance with Conditionally Approved Site Plan Application SPB25/046/AA, on Part Lot 12, Plan 364, 15 Eby 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 SYJ HOLDINGS INC requesting a minor variance to allow a semi-detached dwelling containing 4-units in each, located outside (Zoning By-law) Appendix C – Central Neighbourhoods, to have a lot width of 7.6m rather than the required 10.5m, as shown on drawings prepared by GRIT Engineering, dated May 9, 2025, on Part Lot 25, Plan 764, 706 Frederick Street, Unit A (Future Severed Land) 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 .

That the application of SYJ HOLDINGS INC requesting a minor variance to allow a semi-detached dwelling containing 4-units, located outside (Zoning By-law) Appendix C – Central Neighbourhoods, to have a lot width of 7.6m rather than the required 10.5m, as shown on drawings prepared by GRIT Engineering, dated May 9, 2025, on Part Lot 25, Plan 764, 706 Frederick Street, Unit B (Future Retained Land), 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 .

That the application of LILIAN LORRAINE STROH requesting a minor variance to allow an easterly side yard setback of 2.7m rather than the required 3m, where there is a driveway leading to a required parking space situated between the dwelling and the side lot line, to facilitate the construction of a roof from the dwelling over an existing walkway and side porch, generally in accordance with drawings prepared by Yorck Lindner, dated April 30, 2025, on Part Lot 71, German Company Tract, 133 Bloomingdale Road North, 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 1000149083 ONTARIO INC requesting minor variances to allow a lot area of 401.3 sq.m. rather than the required 450 sq.m.; to allow an exterior side yard abutting Richmond Avenue of 2.5m rather than the required 4m; to allow a westerly interior side yard setback of 0.8m rather than the required 1.5m; to allow a rear yard setback of 0.7m rather than the required 7.5m; and, to allow a building length of 26.2m rather than the maximum permitted 24m, to facilitate the conversion of a 6-unit multi-residential dwelling, into a 10-unit multi-residential dwelling, generally in accordance with drawings prepared by Urban Initiatives, dated July 18, 2025, on Lot 10, Plan 80, 103 Joseph Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the property owner shall obtain a Heritage Permit, to the satisfaction of the Manager of Site Plan, City of Kitchener, for all proposed work on the subject property. 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. AND That Minor Variance Application A2025-083 for 103 Joseph Street requesting a minor variance to permit an accessory structure (bike locker) to be located in a front yard or exterior side yard, generally in accordance with drawings prep

That the application of 1000918377 ONTARIO INC and THOMAS WAYNE FERGUSON requesting minor variances to allow a 2-storey 10-unit multi-residential dwelling on a lot having a width of 17.9m rather than the required 19m; to allow a multi-residential dwelling to have a westerly interior side yard setback of 1.3m rather than the required 3m; to allow a multi-residential dwelling to have a front yard setback of 4.5m rather than the required 9.5m; to allow 10 off-street parking spaces (1 space/per dwelling unit) rather than the required 12 off-street parking spaces; and, to allow a parking setback of 1.2m from the westerly side lot line rather than the required 1.5m, to facilitate the conversion of an existing 2-storey triplex to a 2-storey multi-residential dwelling containing 10-units, generally in accordance with drawings and plans submitted with the Minor Variance Application A2025-084, on Lot 6, Plan 705, 27 Turner Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: That Holding Provision (92H) is lifted to the satisfaction of the Director of Development and Housing Approvals. That prior to any grading, servicing or the application or issuance of a Demolition and/or Building 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; t

That the application of ARYA A HOLDINGS INC requesting minor variances to permit a minimum lot area of 975 sq.m. rather than the required 1,500 sq.m.; to permit an exterior side yard abutting Louisa Street of 0m rather than the required 3m; to allow an easterly interior side yard setback along a private laneway of 1.5m rather than the required 3m; to allow a front yard setback of 2m along King Street West for storeys 7 and above rather than the required 6m; to allow an exterior side yard setback abutting Louisa Street of 2m for storeys 7 and above rather than the required 6m; to allow a rear yard setback of 5m for storeys 7 and above rather than the required 6m; and, to permit a minimum interior side yard setback of 3m along a private laneway for storeys 7 and above rather than the required 6m to facilitate the construction of an 8-storey mixed used building having 75 dwelling units, in accordance with Conditionally Approved Site Plan Application SPF25/004/K, on Part Lots 16 & 17, Plan 376; being Parts 2 & 3 on Reference Plan 58R-4458, 670 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the property owner shall prepare a Noise Impact Study, prepared by a qualified consultant. The Owner shall submit the study for review and satisfaction of Metrolinx. The Owner may obtain Metrolinx's most up-to-date rail forecast data by submitting a request to [email protected] . Prior to Final Site Plan Approval, Metrolinx shall review and approve

That the application of JONATHAN LEE CRUMMER requesting consent to grant an easement having a width of 1.5m and a depth of 2.7m in the front yard, where the common wall is not shared for the purposes of access and maintenance in favour of the severed parcel of land created through consent application B 2025-024, on Part Lots 92 & 93, Plan 660, 17 Downey Street, 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 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. That the property owner shall provide a Reference Plan and a Building Location Survey, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation and setbacks, with respect to the propo

That the application of NEERU JAIN and SANA JAIN requesting a minor variance to allow steps that exceed 0.6m in height to be setback of 0.3m from the northern interior lot line, rather than the required 0.75m, to facilitate the construction of an entrance to an Additional Dwelling Unit (ADU) (Attached) in the interior side yard, generally in accordance with drawings prepared by Mechways Inc., dated April 28, 2025, revised July 21, 2025, on Lot 53, Plan 58M- 497, 942 Audrey Place, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the property owner shall provide evidence to the Manager of Development Approvals, City of Kitchener, that all existing and proposed window wells comply with the minimum required zoning setback. It is the opinion of this Committee that: 1. The variance requested in this application is 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.