Committee of Adjustment

That the application of TRAYNOR STREET PROPERTIES INC. requesting a minor variance to permit a parking rate of 1.38 spaces/per-unit (25 off-street parking spaces) rather than the required 1.75 spaces/per-unit (32 off-street parking spaces) to facilitate an additional dwelling unit within an existing 17-unit multiple dwelling for a total of 18 dwelling units on the subject property, in accordance with Site Plan Application SP23/031/T/TZ, on Part Lot 1219, Plan 123, 267 Traynor 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 NAFISEH MOGHIMI requesting a minor variance to permit a required parking space to be located 2.4m from the property line rather than the required 6m to facilitate the conversion of the attached garage into living space for a new Additional Dwelling Unit (ADU) (Attached) in the existing Single Detached Dwelling, on Lot 206, Plan 1340, 72 Underhill 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 JANKADAR ABBAS and RODA ATALLAH requesting a minor variance to permit a lot width of 12.2m instead of the minimum required lot width of 13.1m to facilitate the construction of a single detached dwelling with two (2) Additional Dwelling Units (ADUs) (Attached) (Triplex), generally in accordance with drawings prepared by AH+ Architects, dated September 13, 2023, on Part Block G, Plan 254, 35 Fifth 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 NIMBELL HOLDINGS INC requesting a minor variance to allow a 10-unit multiple dwelling to be constructed on a lot having a width of 12.4 meters rather than the required 15m, a minimum yard setback abutting a residentially zoned property of 1.5m rather than the instead of the minimum required 7.5m, a minimum front yard setback of 1.1m rather than the required 1.5m and to permit 0 parking spaces rather than the required 10 parking spaces, in accordance with drawings prepared by Chris Fernandes Design Corp., dated April 28, 2023, on Part Lot 15, Plan 364, 15 Cedar Street 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 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 DANIEL SWAYZE FORSEY requesting a minor variance to permit a front yard setback of 1.9m rather than the required 3m; having a northerly side yard setback of 1.2m rather than the required 3m for the portion of the addition that is above 10.5m in height; to permit a minimum landscaped area of 9.5% rather than the required 10%; and, to permit a parking lot to be located 0m from rear lot line rather than the required 1.5m, to facilitate the construction of an addition to permit the conversion of a single detached dwelling to a multiple dwelling having 4 dwelling units, generally in accordance with drawings prepared by John MacDonald Architect, on Part Lot 2, Block A, Plan 425, 230 Frederick 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 536357 ONTARIO LIMITED requesting permission to create an easement having a width of 1m, a depth of 15m and an area of 15sq.m. for access in favour of the property municipally addressed as 48 Ontario Street North for maintenance purpose, on Part Lot 7, Plan 401; Being Parts 9 & 10 on Reference Plan 58R-1391, 25 Duke Street West, 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 there are no outstanding taxes on the subject property. 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 shall ensure the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City’s Supervisor, Development Applications: a) A clear and specif

B 2023-039 That the application of KOLB CREEK LAND CORP requesting permission to grant an easement as shown on the plan with the application over the retained land having a maximum width of 7.3m, a depth of 107.3m and an area of 760 sq.m. in favour of the severed land for the purpose of access, on Block 1, Registered Plan 58M-654, 75 Otterbein Road, Kitchener, Ontario, BE APPROVED , subject to the following conditions: That the property owner shall receive final approval of Minor Variance Application A 2023-124. That the property owner’s solicitor shall provide a Solicitor’s Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. That the property owner shall ensure the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City’s Supervisor, Development Applications: a) A clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) A clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express writt