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HomeMy WebLinkAboutCA - 2021-12-14COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021CITY OF KITCHENER The Committee of Adjustment held an electronicmeeting on this date, commencing at10:00a.m. Present:B. McColl-Chair S. Hannah, Member M. Kidd, Member Officials:B. Bateman, Senior Planner D. Seller,Transportation Services A. Pinnell, Senior Planner C. Dumart, Senior Planner E. Schneider, Planner T. Seyler, Planner R. Kelly-Ruetz, Project Manager C. Owen, Administrative Clerk S. Goldrup, Committee Administrator CHAIR AND VICE-CHAIR Moved byB. McColl Seconded by S. Hannah “That D. Cybalski be appointed Chair of the Committee of Adjustment for a term to expire November 14, 2022.” Carried Moved by S. Hannah Seconded by M. Kidd “That B. McColl be appointed Vice-Chair of the Committee of Adjustment for a term to expire November 14, 2022.” Carried MINUTES Moved byS. Hannah Seconded by M. Kidd That the regular minutes of the Committee of Adjustment meeting held November16, 2021,as circulated to the members, be accepted. Carried UNFINISHED BUSINESS: 1.Submission No.:B 2021-054, A 2021-116 & A 2021-117 Applicants:Pero and Mirjana Perencevic Property Location:74 Rutherford Drive Legal Description:Part Lot 7, Registered Plan 742 Appearances: In Support:B. Jokanovic Contra:None Written Submissions:None The Committee previously deferred the subject application at the November 16, 2021, Committee of Adjustment meeting, where the Committee was advised that the applicant was requesting permission to sever a parcel of land having a width of 14.326m, a depth of 60.350m, and an area of 864.57sq.m. The retained land having a width of 8.53m, a depth of 60.35m, and an area of COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-298 -CITY OF KITCHENER 1.Submission No.:B 2021-054, A 2021-116 & A 2021-117(Cont’d) 514.79sq.m. Permission was also being requested to grant minor variances for the retained land to allow a duplex dwelling to be constructed on a lot having a width of 8.53m rather than the required 9m. Permission is also requested to grant minor variances for the severed land to allow the construction of semi-detached dwellings to have lot widths for each dwelling of 7.16m rather than the required 7.5m.This matter was deferred to provide the applicant time to investigate options for two lots containing single detached dwellings or duplexes on Part Lot 7, Registered Plan 742, 74 Rutherford Drive, Kitchener, Ontario, and to provide additional drawings. The Committee considered Development Services Department report DSD-2021-240dated December 2, 2021, recommending the applications be refused. The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services dated October 12, 2021, advising they have no objection to application B 2021- 054, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 7, 2021, advising they have no concerns with applications A 2021-116 and A 2021-117. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. B. Jokanovic was in attendance in support of the application.In response to questions from the Committee, the agent statedthat the previous applications would be withdrawn, and a new application would be brought to the Committee for their consideration atthe January 2022 Committee of Adjustment meeting. NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1.Submission No.:A 2021-120 Applicants:Sarah Popkey Michels Property Location:12 Hilda Place Legal Description:Lot 155, Subdivision of Lot 17, German Company Tract Appearances: In Support:S. Michels Popkey J. Popkey Contra:None Written Submissions:None The Committee was advised the applicant requested permission to construct a deck and stairs over an existing garage of a single detached dwelling on a lot that does not front on a public street, whereas the By-law does not permit building on a lot which does not front a street; the proposed stairs having a rear yard setback of 0m rather than the required 0.75m; and, the proposed deck having a side yardsetbackof 0m rather than the required 1.2m; and, rear yard setback of 0m rather than the required 0.75m. The Committee considered Development Services Department report DSD-2021-246, dated December 6, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 30, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 2, 2021, advising they have no concerns with the subject application, noting the application is subject to the GRCA Plan review fee. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-299 -CITY OF KITCHENER 1.Submission No.:A 2021-120(Cont’d) S. Michels Popkey and J. Popkeywerein attendance in support of the application and staff’s recommendation. In response to questions from the Committee, B. Bateman confirmed a new Heritage Permit application would be required. In response to further questions, the applicant discussed thetimeframe for fulfilling conditions in 2022. It was suggested and agreed that the wording for the Committee’s decision on this date be amended to include the Grand River Conservation Authority’s fee and revise the deadline for fulfilling conditions to September 1, 2022. Moved by S. Hannah Seconded by M. Kidd That the application of SARAH ANN MICHELS POPKEYrequesting permission to construct a deck and stairs over an existing garage of a single detached dwelling on a lot that does not front on a public street, whereas the By-law does not permit building on a lot which does not front a street; the proposed stairs having a rear yard setback of 0m rather than the required 0.75m; and, the proposed deck having a side yard setback of 0m rather than the required 1.2m; and, rear yard setback of 0m rather than the required 0.75m., on Lot 155, Subdivision of Lot 17, German Company Tract, 12 Hilda Place, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority for the application plan review fee. 2.That the owner shall receive approval of a Heritage Permit to the satisfaction of the Director of Planning. 3.That theowner shall revise theBuilding Permit currently under review to ensure that a privacy screen/railing for the deck along the rear lot line be located a minimum of 0.15 m from the rear wall of the garage, and that the privacy screen/railing is a minimum of 1.2 metres high along the side and rear lot lines (or as per any changes as approved by the Heritage permit). 4.That the owner shall complete the conditions noted above be completed by September 1, 2022. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. It is the opinion of this Committee that: 1.The variances requested in this application are 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 consideredand 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 areavailable on the City’s website at www.kitchener.ca. Carried COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-300 -CITY OF KITCHENER 2.Submission No.:A2021-130 Applicants:K-W Habilitation Services Property Location:878 Frederick Street Legal Description:Lot 5, Registered Plan 688 Appearances: In Support:B. Pitts M. Bolen Contra:None Written Submissions:None The Committee was advised the applicant requested permission toconstruct a residential care facility having a parking rate of 1space/185sq.m. (8 spaces) rather than the required 1space/92 sq.m. (16 spaces). The Committee considered Development Services Department report DSD-2021-233, dated December3, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 30, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 2, 2021, advising they have no concerns with the subject application. M. Bolen and B. Pittswerein attendance in support of the application and staff’s recommendation. In response to questions from the Committee, staff discussed the related site plan application, which the City would shortly receive for review. Moved byM. Kidd Seconded byS. Hannah That the application of K-WHABILITATION SERVICESrequesting permission to construct a residential care facility having a parking rate of 1 space/185 sq.m. (8 spaces) rather than the required 1 space/92 sq.m. (16 spaces) on Lot 5, Registered Plan 688, 878 Frederick Street, Kitchener,Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall receive Site Plan approval to the satisfaction of the Manager of Development Review. 2.Thatthe owner shall completecondition 1 shall be completed prior to June 1st, 2023. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions, will result in this approval becoming null and void. It is the opinion of this Committee that: 1.The variance requested in this application isminor. 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. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-301 -CITY OF KITCHENER 2.Submission No.:A 2021-130(Cont’d) 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. Carried 3.Submission No.:A 2021-131 Applicants:Dimple Sharma, Vishal Sharma, Omparkash Sharma and Sashi Sharma Property Location:95 Maitland Street Legal Description:Lot 335, Registered Plan 58M-338 Appearances: In Support:V. Sharma S. Sharma D. Sharma Contra:J. Gregory W. Fulford Written Submissions:A. Ibrahim V. Cerovina D. Patel M. McLean P. Mavi N. Scarfone T. Dao The Committee was advised the applicant requested permission to addthe "Catering Establishment"useas a permitted home business in an existing single detached dwelling; and, to allow the home business to occupyGross Floor Area (GFA) of 25.7% (65 sq.m. GFA) of the dwelling. The Committee considered Development Services Department report DSD-2021-244, dated December3, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 30, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 2, 2021, advising they have no concerns with the subject application. The Committee considered the written submissions in support to the subject application. D.,V.,and S.Sharmawerein attendance in support of the application and staff’s recommendation. J. Gregory spoke in oppositionto the subject application,expressingconcerns regarding retail operations, setting precedent for other home-base operations in a residential area, traffic, parking, and pedestrian safety. J. Gregory further shared concerns about previous operations from the garage, pests, odor, fire safety, waste disposal, and the scale of the operations. In response to questions from the Committee, B. Bateman explained the difference between a restaurant and home-based catering business and explained that food could not be sold for consumption on site. The applicant confirmed that the stove had been removed from the garage, all food would be prepared from the kitchen in the basement, the food prepared on site would be delivered to their customers, and spoke to pest control measures. In response to questions from the Committee, the applicant confirmed that the business is family operated. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-302 -CITY OF KITCHENER 3.Submission No.:A 2021-131(Cont’d) S. Hannah questioned if an external employee would be allowed on site for the operation of the home-base business, which B. Bateman confirmed. S. Hannah suggested to limit the scale of the operation, a condition be added to the Committee’s decision this date that no external employees be permitted. W. Fulfordspoke in opposition for the application and expressed concerns regarding retail operations, setting precedent for other home-base operations in a residential area, and dumping. It was suggested and agreed thattwo additional conditions be included in theCommittee’s decision this date to prohibiting retail take-out or pick-upand that no external employees be permitted. Moved byS. Hannah Seconded by M. Kidd That the application of DIMPLE SHARMA and OMPARKASH SHARMA and SHASHI BALA SHARMA and VISHAL SHARMA requesting permission to add the "Catering Establishment" use as a permitted home business in an existing single detached dwelling; and, to allow the home business to occupy Gross Floor Area (GFA) of 25.7% (65 sq.m. GFA) of the dwelling, on Lot 335, Registered Plan 58M-338, 95 Maitland Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.Thatapproval of the "Catering Establishment" usedoes not permit retail take-out or pick-up. 2.That external employees for the "Catering Establishment"use is not permitted. 3.That the ownershallapplyfor a Zoning (Occupancy) Certificate from the Planning division. 4.That the owner shall remove the existing gas stove in the garage by April 2022. 5.That all home business operations be confined to the basement as indicated on the drawing submitted as part of this application. 6.That the ownershallmake satisfactory arrangementswith City By-law Enforcement to have the garage inspected to ensure the removal of the existing gas stoveis addressed. It is the opinion of this Committee that: 1.The variances requested in this application are 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. Carried 4.Submission No.:A 2021-132 Applicants:Sarah and Donald Coleman Property Location:26 Monteagle Crescent Legal Description:Part Lot 13 RP 58R-1455 Part 13, Registered Plan 1384 Appearances: In Support:R. Coleman S. Coleman COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-303 -CITY OF KITCHENER 4.Submission No.:A 2021-132(Cont’d) Contra:None Written Submissions:None The Committee was advised that the applicant requested permission to convert an existing garage into an accessory dwelling unit on the lot having a width of 8m rather than the required minimum width of 13.1m. The Committee considered Development Services Department report DSD-2021-232,dated November 20, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 30, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 2, 2021, advising they have no concerns with this application. R. and S. Coleman werein attendance in support of the application and staff’s recommendation. In response to questions from the Committee, B. Bateman confirmed that servicing would be addressed through the site plan process. Moved by M. Kidd Seconded byS. Hannah That the application of DONALD RAYMOND PAUL COLEMAN and SARAH IDA COLEMAN requesting permission to convert an existing garage into an accessory dwelling unit on the lot having a width of 8m rather than the required minimum width of 13.1m, on Part Lot 13 RP58R- 1455 Part 13, Registered Plan 1384, 26 Monteagle Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the ownershallapplyfor a Site Plan Application with Planning Division. 2.That the owner shall applyfor a building permit with the Building Division. 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. Carried 5.Submission No.:A 2021-133 Applicants:Val Rapoport Property Location:12 East Lansdowne Legal Description:Lot 40 Closed Lane PT, Registered Plan 224 Appearances: In Support:A. Eldin COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-304 -CITY OF KITCHENER 5.Submission No.:A 2021-133(Cont’d) Contra:None Written Submissions:None The Committee was advised the applicant requested permission to convert a single detached dwelling into a duplex having the required off-street parking space located 1m from the street line rather than the required 6m. The Committee considered DevelopmentServices Department report DSD-2021-245, dated December3, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 30, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 2, 2021, advising they have no concerns with the subject application. A. Eldin wasin attendance in support of the application and the staff recommendation. It was suggested and agreed that the wording for the Committee’s decision on this date be amended to provide 1.37m from the street line rather than the noted 1.0m Moved by S. Hannah Seconded by M. Kidd That the application of VALENTINA RAPOPORT requesting permission to convert a single detached dwelling into a duplex having the required off-street parking space located 1.37m from the street line rather than the required 6m, on Lot 40 Closed Lane PT, Registered Plan 224, 12 East Lansdowne, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall applyfor a building permit prior to construction, to the satisfaction of theCity’s Building Division. 2.That the condition be completed by December 14, 2022. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. 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 Carried COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-305 -CITY OF KITCHENER 6.Submission No.:A 2021-135 Applicants:Greenbrook Development Corporation Property Location:1572 Highland Road West Legal Description:Part Lot 38, German Company Tract, being Part 2 on Reference PlanRP 58R-5109 Appearances: In Support:R. Hicks Contra:None Written Submissions:None The Committee was advised the applicant requested permission to constructa Printing and Publishing Establishment having a total number of parking spaces on site of 43 spaces whereas the By-law permits a maximum of 27 spaces on site. The Committee considered Development Services Department report DSD-2021-236,dated December1, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 30, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 2, 2021, advising they have no concerns with the subject application. R. Hicks wasin attendance in support of the application and staff’s recommendation. In response to questions from the Committee, the applicant confirmed the business operated with a six vehicle fleet. In response to questions from the Committee, B. Bateman spoke to parking maximums under the new Zoning By-law to try and prevent over parking in areas also serviced by transit. Moved by M. Kidd Seconded by S. Hannah That the application of GREENBROOK DEVELOPMENT CORPORATION requesting permission to construct a Printing and Publishing Establishment having a total number of parking spaces on site of 43 spaces whereas the By-law permits a maximum of 27 spaces on site, on Part Lot 38, German Company Tract, being Part 2 on Reference Plan RP 58R-5109, 1572 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1.That a maximum of 43 parking spaces shall be permitted for Site Plan application SP21/124/H/LT for a printing and publishing establishment. 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. Carried COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-306 -CITY OF KITCHENER 7.Submission No.:A 2021-134 Applicants:Josef Krivan Property Location:715 Frederick Street Legal Description:Part Lot 50, Registered Plan 764 Appearances: In Support:J. Krivan Contra:None Written Submissions:None The Committee was advised the applicant requested permission to convert an existing duplex into a triplex dwelling on a lot having a width of 13.8m rather than the required 15m. The Committee considered Development Services Department report DSD-2021-248,dated December 7, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 30, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 2, 2021, advising they have no concerns with the subject application. J. Krivan wasin attendance in support of the application and staff’s recommendation. It was suggested and agreed that the wording for the Committee’s decision on this date be amended to add the wording “if required” to condition 4. Moved by S. Hannah Seconded byM. Kidd That the application of JOSEF KRIVAN requesting permission to convert an existing duplex into a triplex dwelling on a lot having a width of 13.8m rather than the required 15m, on Part Lot 50, Registered Plan 764, 715 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall apply for and obtain a Zoning Occupancy Certificate from the City’s Planning Division. 2.That the owner shall apply for a Stamp Plan B Site Plan Application and obtain approval thereof, for the conversion of the use to a three-unit multiple dwelling, from the City’s Director of Planning. 3.That the owner shall apply for a Building Permit for change of use of the building to a three- unit multiple dwelling. 4.That the owner shall make financial arrangements, if required, to the satisfaction of the City's Engineering Services, for the installation of new service connections to the property. 5.That the owner shall prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 6.That the owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for the site with corresponding layer names and asset information, to the satisfaction of the City’s Engineering Services. 7.That conditions 1 through 6, above, shall be completed by December 14, 2022 or else the variance shall be considered void, or otherwise obtain an extension in writing from the City’s Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-307 -CITY OF KITCHENER 7.Submission No.:A 2021-134(Cont’d) It is the opinion of this Committee that: 1.The variances requested in this application are 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. Carried 8.Submission No.:A 2021-137 Applicants:Lucas Rowe and Thomas Rowe Property Location:29 Hurst Avenue Legal Description:Lot 40, Part Closed Street and Lanes, Plan 239 Appearances: In Support:L. Rowe Contra:None Written Submissions:None The Committee was advised the applicant requested permission to convert an existing single detached dwelling into a triplex having a lot area of 474sq.m.rather than the required 495sq.m.; having a lot width of 13.192m rather than the required 15m; having a covered deck with a rear yard setback of 4.52m rather than the required 7.5m; and, having 2 parking spaces in tandem whereas the by-law does not permit tandem parking. The Committee considered Development Services Department report DSD-2021-234,dated December3, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 30,2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 2, 2021, advising they have no concerns with the subject application,however future planning should consider the broad flooding hazard present in the area. L. Rowe wasin attendance in support of the application and staff’s recommendation. In response to questions from the Committee, B. Bateman confirmed the applicant would be required to undertake the site plan approval process. Moved by M. Kidd Seconded byS. Hannah That the application of LUCAS ROWE and THOMAS ROWE requesting permission to convert an existing single detached dwelling into a triplex having a lot area of 474 sq.m. rather than the required 495 sq.m.; having a lot width of 13.192m rather than the required 15m; having a covered deck with a rear yard setback of 4.52m rather than the required 7.5m; and, having 2 parking spaces in tandem whereas the by-law does not permit tandem parking, on Lot 40, Part Closed Street and Lanes, Plan 239, 29 Hurst Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain Site Plan approval to the satisfaction of the Manager of Development Review. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-308 -CITY OF KITCHENER 8.Submission No.:A 2021-137(Cont’d) 2.Thatthe owners shall obtaina Zoning (Occupancy) from the Planning Division to establish the Multiple Dwelling use on the property. 3.That the owner shall complete all conditions prior to June 1st, 2023. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1.The variances requested in this application are 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. Carried 9.Submission No.:A 2021-138 Applicants:Pureland Investments Inc. Property Location:945 Victoria Street North Legal Description:Part Lot 57, Plan 763and Part Lot 32, Plan 764 Appearances: In Support:J. vonWesterholt Contra:None Written Submissions:None The Committee was advised the applicant requested permission to provide for a restaurant patio having a 0m setback from the street line rather than the required 3m; and, having the drive aisle of a drive-through facility located 2.2m from a residential zone rather than the required 15m. The Committee considered Development Services Department report DSD-2021-237, dated December 1, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 30, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 2, 2021, advising they have no concerns with the subject application. J.vonWesterholtwas in attendance in support of the application and staff’s recommendation. In response to questions from the Committee, B. Bateman spoke to the application’s status in the site plan process, the patio’s buffer from the street by the boulevard, and the applicant spoke to the stacked parking in support of the restaurant use. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-309 -CITY OF KITCHENER 9.Submission No.:A 2021-138(Cont’d) Moved by M. Kidd Seconded by S. Hannah That the application of PURELAND INVESTMENTS INC requesting permission to provide for a restaurant patio having a 0m setback from the street line rather than the required 3m; and, having the drive aisle of a drive-through facility located 2.2m from a residential zone rather than the required 15m, on Part Lot 57, Plan 763 and Part Lot 32, Plan 764, 945 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variances shall only apply to the proposed development to be approved through site plan application SP21/077/V/LT. It is the opinion of this Committee that: 1.The variances requested in this application are 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. Carried 10.Submission No.:A 2021-139 Applicants:Vladan, Nedalina and Stepan Despotovic Property Location:938 Strasburg Road Legal Description:Lot 370, Plan 1416 Appearances: In Support:V. Despotovic Contra:None Written Submissions:None The Committee was advised the applicant requested permission to convert the garage into a home business (salon)having the required off-street parking space located 2.2m from the street line rather than the required 6m. The Committee considered Development Services Department report DSD-2021-231, dated December 3, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 30, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 2, 2021, advising they have no concerns with the subject application. V. Despotovic was in attendance in support of the application and staff’s recommendation. In response to questions from the Committee, the applicant confirmed that clients would be seen at the nail salon one at a time. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-310 -CITY OF KITCHENER 10.Submission No.:A 2021-139(Cont’d) Moved by S. Hannah Seconded by M. Kidd That the application of NEDALINA DESPOTOVIC and STEFAN DESPOTOVIC and VLADAN DESPOTOVIC requesting permission to convert the garage into a home business (salon) having the required off-street parking space located 2.2m from the street line rather than the required 6m, onLot 370, Plan 1416, 938 Strasburg Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1.That the owner shall apply for a Zoning Occupancy Certificate from the Planning Division. 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. Carried 11.Submission No.:A 2021-140 Applicants:Activa Holdings Inc. Property Location:630 Benninger Drive Legal Description:Block 132, Plan 58M-642 BLK 132 Appearances: In Support:R. Wolff Contra:None Written Submissions:None The Committee was advised the applicant requested permission to construct a stacked townhouse development containing 225 multi-residential dwelling units on a vacant lot having a ground floor building height of 3m rather than the required 4.5m; and, to permit the encroachment of stairs and access ramps having a left side yard setback of 0.5m rather than the required 1m. The Committee considered Development Services Department report DSD-2021-242, dated December 1, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 30, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 2, 2021, advising they have no concerns with the subject application. R. Wolff was in attendance in support of the application and staff’s recommendation.In response to questions from the Committee, the agent spoke to the applicant’s plans to develop stacked townhouses on the property andmixed-use commercial in a future stage. The agent responded to further questions and confirmed the intention to providethe commercial parking spaces in stage one, and that they would be reserved for the commercial uses, and that the spaces would be maintained under the condo development. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-311 -CITY OF KITCHENER 11.Submission No.:A 2021-140(Cont’d) Moved by M. Kidd Seconded by S. Hannah That the application of ACTIVA HOLDINGS INC requesting permission to construct a stacked townhouse development containing 225 multi-residential dwelling units on a vacant lot having a ground floor building height of 3m rather than the required 4.5m; and, to permit the encroachment of stairs and access ramps having a left side yard setback of 0.5m rather than the required 1m, on Block 132, Plan 58M-642 BLK 132, 630 Benninger Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variances requested in this application are 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. Carried 12.Submission No.:A 2021-136 Applicants:Scholars’ Hall Inc. Property Location:888 Trillium Drive Legal Description:Part Lot 12, Plan 1471 being Part 5 on Reference Plan 58R-7426 Appearances: In Support:F. Gore C. Fitzpatrick Contra:None Written Submissions:None The Committee was advised the applicant requested permissiontoconstruct an addition expanding the existing legal non-conforming use of “Educational Establishment” previously approved by the Committee of Adjustment havingan increased Gross Floor Area (GFA) of 42% (2017.1sq.m. to 2869.94sq.m. GFA) of theinstitutional building. The Committee considered Development Services Department report DSD-2021-238, dated December 3, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 30, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 2, 2021, advising they have no concerns with thesubject application, noting the application is subject to the GRCA Plan review fee. C. Fitzpatrickand F. Gore were in attendance in support of the application and staff’s recommendation. In response to questions from the Committee, E. Schneider spoke to the application’s status in the site plan process. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-312 -CITY OF KITCHENER 12.Submission No.:A 2021-136(Cont’d) In response to a request from the applicant to increase the maximum Gross Floor Area for the legal non-conforming use from 42% to 50%, the Committee unanimously agreed to amend their decision regarding this 888 Trillium Drive. E. Schneider stated staff’s support of the requested amendment. It was suggested and agreed that the wording for the Committee’s decision on this date be amended to include the Grand River Conservation Authority’s fee and provide for a Gross Floor Area for the non-conforming use of up to 50%. Moved byS. Hannah Seconded by M. Kidd That the application of SCHOLARS' HALL INC requesting permission to construct an addition expanding the existing legal non-conforming use of “Educational Establishment” previously approved by the Committee of Adjustment having an increased Gross Floor Area(GFA) of up to 50% (2017.1sq.m. to 3025.65 sq.m. GFA) of the institutional building, on Part Lot 12, Plan 1471 being Part 5 on Reference Plan 58R-7426, 888 Trillium Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority for the application plan review fee. It is the opinion of this Committee that: 1.The variance requested in this application is minor. 2.This applicationis 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 isbeing maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oraland 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 atwww.kitchener.ca. Carried CONSENT APPLICATIONS 1.Submission No.:B 2021-063 Applicants:2839636 Ontario Inc. Property Location:11 East Avenue Legal Description:Lot 18 & Part Lot 19, Plan 301 Appearances: In Support:D. Landry Contra:None Written Submissions:None The Committee was advised the applicant was requestingpermission tosever a parcel of land having a width 0.762m, a depth of 36.35m, and an area of 28sq.mto be conveyed as a lot addition to 15 East Avenue to increase the size of the side yard. The retained land identified will havea width of 16.96m, a depth of 37.05m, and an area of 574sq.m. The Committee considered Development Services Department report DSD-2021-249dated December3, 2021, recommending approval of the application, subject to conditions outlined in the report. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-313 -CITY OF KITCHENER 1.Submission No.:B 2021-063(Cont’d) The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services datedDecember 3, 2021, advising they have no objection to this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December2, 2021, advising they have no concerns with the subject application. D. Landry was in attendance in support of the application and staff’s recommendation.The applicant stated the garage had already been demolished, fulfilling condition seven. In response to questions from the Committee, B. Bateman confirmed 2.6m was required for driveway access. Moved byS. Hannah Seconded by M. Kidd That the application of 2839636 ONTARIO INC requesting permission to sever a parcel of land having a width 0.762m, a depth of 36.35m, and an area of 28sq.m to be conveyed as a lot addition to 15 East Avenue, on Lot 18 & Part Lot 19, Plan 301, 11 East Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division; 2.That the owner shall provides 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. 3.That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 4.That the owner’s Solicitor shall provide a Solicitor’s Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 5.That the owner shall retain a qualified designer to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses spatial separation of existing buildings’ wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 6.That should any remedial work or upgrades be identified as required by the assessment, the owner shall apply for a build permit prior to construction, to the satisfaction of the City’s Building Division 7.That the owner shall apply for a building permit prior to the demolition of the existing detached garage, to the satisfaction of the City’s Building Division. It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-314 -CITY OF KITCHENER 1.Submission No.:B 2021-063(Cont’d) 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 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 Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 14, 2023. Carried 2.Submission No.:B 2021-064 Applicants:Calin and Adriana Pele Property Location:500 Karn Street Legal Description:Part Lot 13, Plan 793 Appearances: In Support:C.Ovidiu Pele J. Anghel Contra:None Written Submissions:None The Committee was advised the applicantwas requestingpermission to sever a parcel of land having a width of 10.211m, a depth of 41.6m and an area of 439.5 sq.m. The retained land will have a width of 10.211m, a depth of 42.2m and an area of 439.3 sq.m. Both lots are intended for residential use; the existing dwelling will be demolished. The Committee considered Development Services Department report DSD-2021-241dated November 30, 2021, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services datedDecember3, 2021, advising they have no objection to this application subject to conditions outlined in their report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December2, 2021, advising they have no concerns with the subject application. C.Ovidiu Pele was in attendance in support of the application and staff’s recommendation. Moved byS. Hannah Seconded by M. Kidd That the application of CALIN & ADRIANA PELE requesting permission tosever a parcel of land having a width of 10.211m, a depth of 41.6m and an area of 439.5 sq.m., onPart Lot 13, Plan 793, 500 Karn Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division; COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-315 -CITY OF KITCHENER 2.Submission No.:B 2021-064(Cont’d) 2.That the owner shall provides 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. 3.That the ownershallobtains a demolition permit to the satisfaction of the Chief Building Official and removes the existing dwelling prior to the creation of the lots. 4.That the ownershallmakes financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5.That the ownershallmakes financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. 6.That the owner shall ensure any new driveways are to be built to City of Kitchener standards at the Owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Division. 7.That the ownershallprovides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8.That the owner shall provide a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. 9.That the ownershallprovides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 10.That the owner shall replace or protect the City-owned tree impacted by proposed severance to the satisfaction of the Director of Parks and Cemeteries. 11.That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a)That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b)The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Planning. 12.That the owner must submit a valid Section 59 Notice to the satisfaction of the Region of Waterloo. 13.That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-316 -CITY OF KITCHENER 2.Submission No.:B 2021-064(Cont’d) 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 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. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 14, 2023. Carried 3.Submission No.:B2021-065 Applicants:Richard and Erin Griesbaum Property Location:156 Strange Street Legal Description:Part Lot 8, Registered Plan 387 Appearances: In Support:B.Jakanovic Contra:None Written Submissions:None The Committee was advised the applicant was requesting permissiontosever a parcel of land so each lot would contain one semi-detached dwelling currently being constructed. The severed land identified as red on the plan submitted with the application having a width of 7.79m, a depth of 39.71m, and an area of 296sq.m. The retained land identified as green on the plan submitted with the application having a width of 7.53m, a depth of 39.71m, and an area of 303sq.m. The Committee considered Development Services Department report DSD-2021-243dated December3, 2021, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services datedDecember 3, 2021, advising they have no objection to this application subject to conditions outlined in their report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December2, 2021, advising they have no concerns with the subject application. B. Jakanovicwas in attendance in support of the application and staff’s recommendation. In response to questions from the Committee, R. Kelly-Ruetz noted the proposed severance will result in the creation of three parcels of land, one containing each half of the semi-detached dwelling and the final being a single detached dwelling, noting thebuilding permit was issued in error. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-317 -CITY OF KITCHENER 3.Submission No.:B 2021-065(Cont’d) Moved by M. Kidd Seconded by S. Hannah That the application of ERIN MICHELLE GRIESBAUM and RICHARD DOUGLAS GRIESBAUM requesting permission to sever a parcel of land so each lot would contain one semi-detached dwelling currently being constructed. The severed land identified as red on the plan submitted with the application having a width of 7.79m, a depth of 39.71m, and an area of 296sq.m. The retained land identified as green on the plan submitted with the application having a width of 7.53m, a depth of 39.71m, and an area of 303sq.m., on PartLot 8, Registered Plan 387, 156 Strange Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subjectproperty to the satisfaction of the City’s Revenue Division; 2.That the ownershallprovides 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. 3.That the ownershallpays to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $7056.40. 4.That the owner shall conveys to the City of Kitchener, without cost and free of encumbrance, an approximately 2.0 metres wide road widening along the severed and retained parcel's entire Strange Street frontage, to the satisfaction of the City’s Transportation Services. In addition, the owner shall submit a Phase 1, and if necessary, a Phase 2 Environmental Assessment to the satisfaction of theCity’s Engineering Services for the road widening on the severed portion. 5.That the ownershallmakes financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and retained lands. 6.That the owner shall ensure any new driveways are to be built to City of Kitchener standards at the Owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Division. 7.That the ownershallprovides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8.That the ownershallsubmits a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 9.That the ownershallprovides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 10.The ownershallmust enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and all retained lands: a.The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-318 -CITY OF KITCHENER 3.Submission No.:B 2021-065(Cont’d) b.The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i.“Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP).” ii.“Purchasers/tenants are advised that “This unit has been designed with the provision of adding central air conditioning at the occupant’ s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP).” iii.“Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way.” 11.Thatthe owner shallsubmit the Consent Application Review Fee of$350.00 to the Region of Waterloo, per new lot created. It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 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. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 14, 2023. Carried COMBINED APPLICATIONS: 1.Submission No.:B2021-066, A 2021-141 Applicant:Arrow Lofts Inc. Property Location:120 Benton Street Legal Description:Lot 1, Plan 58M-442 COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-319 -CITY OF KITCHENER 1.Submission No.:B 2021-066, A 2021-141(Cont’d) Appearances: In Support:K. Barisdale Contra:None Written Submissions:P. Cote The Committee was advised the applicant requested permission to grant easements in favour of 112 Benton Street the first easement proposed over Part 1 on the Reference Plan provided with the application for the purposed of a loading/unloading bay; and, thesecond an easement over Parts 2 and 3 intended for pedestrian and vehicular ingress and egress and access to the loading/unloading bay. Permission is also being requested for a minor variance application to allow for a maximum building height of 56.55m rather than the permitted 45m to provide for the addition of a Rooftop Amenity to the 17 floor’s building design. The Committee considered Development Services Department report DSD-2021-239dated December3, 2021, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services dated November 30, 2021, advising they have no objection to this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December2, 2021, advising they have no concerns with the subject application. The Committee considered the written submissions in oppositionto the subject application. K. Barisdalewas in attendance in support of the application and staff’s recommendation. In response to the Committee’s questions, E. Schneider discussed building height and the addition of the rooftop amenity space. Submission No. B2021-066 Moved byS. Hannah Seconded by M. Kidd That the application of ARROW LOFTS INC requesting permission to grant easements in favour of 112 Benton Street; the first easement proposed over Part 1 on the reference plan provided with the application for the purpose of a loading/unloading bay; and, the second an easement over Parts 2 and 3 intended for pedestrian and vehicular ingress and egress and access to the loading/unloading bay,on Lot 1, Plan 58M-442120 Benton Street,Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That 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: a.aclear 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); b.a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity. 2.That a satisfactory 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. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-320 -CITY OF KITCHENER 1.Submission No.:B 2021-066, A 2021-141(Cont’d) It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 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 Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 14, 2023. Carried Submission No. A2021-141 Moved byS. Hannah Seconded by M. Kidd That the application of ARROW LOFTS INC requesting permission to allow for a maximum building height of 56.55m rather than the permitted 45m to provide for the addition of a rooftop amenity,on Lot 1, Registered Plan 58M-442120 Benton Street,Kitchener, Ontario, BE APPROVED. 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 isbeing 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’swebsite at www.kitchener.ca. Carried 2.Submission No.:B 2021-067 to B 2021-068 & A 2021-142 to A 2021-143 Applicants:House of Friendship Kitchener & K-W Working Centre for the Unemployed Property Location:47-75 Charles Street East & 40-42, 50 Eby Street Legal Description:Part Lot 6, Plan 675, being Parts 1 & 2 on Reference Plan 58R-17194 Appearances: In Support:B.Flewwelling A.Hayes S.Swatridge COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-321 -CITY OF KITCHENER 2.Submission No.:B 2021-067 to B 2021-068 & A 2021-142 to A 2021-143(Cont’d) Contra:None Written Submissions:None The Committee was advised the applicant requested permission tocreate3 lots for mortgage purposes andto redevelop a portion of the site into 9-storeys of affordable housing. Permission is also being requested for minor variances for Parcel 1 municipally addressed as 47- 63 Charles Street Easttoconstruct an affordable housing development containing 72 dwelling units, having a parking rate of 0.2 spaces/dwelling unit(39 spaces), 1spaces/90sq.m. of office space, and 1spaces/15sq.m. of health office space, rather than the required 1.25spaces/dwelling unit(134 spaces), 1spaces/28sq.m. of office space,and 1spaces/15sq.m. of health office space; to provide 0 visitor parking spaces rather than the required18 spaces; andto allow 3 barrier-free parking space rather than the required 6 barrier-free parking spaces. Permissionis also being requested for minor variancesfor Parcel 2 municipally addressed as 75 Charles Street East to construct an affordable housing development containing 22-units having a parking rate of 0.2spaces/dwelling unit(7 spaces), and 1spaces/90sq.m. of office space, rather than the required 1.25spaces/dwelling unitand 1spaces/28sq.m. of office space; to provide 0 visitor parking spaces rather than the required 6 spaces; to allow 1 barrier-free parking space rather than the required 2 barrier-free parking spaces; to allow no visual barrier along the property line to be shared with 50 Eby Street; and, to allow dwelling units located atgrade with no exclusive patio whereas they would be required by by-law. The Committee considered Development Services Department report DSD-2021-235dated December 3,2021, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services dated December 7,2021, advising they have no objection to this application subject conditions outlined in their report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 2, 2021, advising they have no concerns with the subject application. The Committee considered the report of Bell Canada dated December 3, 2021 advising they request a 3.0m wide strip to measure 1.5m on either side of the buried facilities, as can be reasonably accommodated, and that the cost associated with registration be the responsibility of the landowner. A draft reference plan and acknowledgement and direction for Bell’s execution is also required. B. Flewwellingwas in attendance in support of the application and staff’s recommendation. In response to the Committee’s questions, T. Seyler explained that Bell Canada’s comments would be addressed through the site plan process.Further, T. Seyler confirmed the number of units for each building, the parking spaces provided, and the agent confirmed a site plan application would be submitted. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-322 -CITY OF KITCHENER 2.Submission No.:B 2021-067 to B 2021-068 & A 2021-142 to A 2021-143(Cont’d) Submission No. B2021-067 Moved byM. Kidd Seconded by S. Hannah That the application of HOUSE OF FRIENDSHIP and K-W WORKING CENTRE FOR THE UNEMPLOYED requesting permission tosever aparcel of land municipally addressed as 47-63 Charles Street East having a width of 73.5m, a depth of 38.1m and an area of 0.279 hectares,on Part Lot 6, Plan 675, being Parts 1 & 2 on Reference Plan 58R-17194,47-75 Charles Street East & 40-42, 50 Eby Street,Kitchener, Ontario,BE APPROVEDsubject to the following conditions. 1.That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division; 2.That the owner provides 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. 3.That the owner shall received final approval of Minor Variance Application A2021-142. 4.That the ownershallreceive site plan approval for the severed lands to the satisfaction of the Manager of Development Review. 5.That the owner shallsubmit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 6.The ownershallenter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings and noise sensitive land uses on the severed Parcel 1 lands: a)All dwellings and any noise sensitive units will be fitted with forced air-ducted heating system suitably sized and designed and installed with air conditioning system prior to occupancy. b)Noise Warning Type D: “This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks.” and further, It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 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. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-323 -CITY OF KITCHENER 2.Submission No.:B 2021-067 to B 2021-068 & A 2021-142 to A 2021-143(Cont’d) Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 14, 2023. Carried Submission No. B2021-068 Moved byM. Kidd Seconded by S. Hannah That the application of HOUSE OF FRIENDSHIP and K-W WORKING CENTRE FOR THE UNEMPLOYED requesting permission tosever a parcel of land municipally addressed as 75 Charles Street East, having a width on Eby Street of 31.8m, a depth of 36m and an area of 0.166 hectares,onPart Lot 6, Plan 675, being Parts 1 & 2 on Reference Plan 58R-17194,47-75 Charles Street East & 40-42, 50 Eby Street,Kitchener, Ontario,BE APPROVEDsubject to the following conditions. 1.That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division; 2.That the owner provides 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. 3.Thatthe owner shall receive final approval ofMinor Variance Application A2021-143. 4.That the ownershallreceive site plan approval to acknowledge the alteration of the parking layout for the severed lands to the satisfaction of the Manager of Development Review. 5.Thatthe owner shallsubmit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 6.The ownershallenter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings and noise sensitive land uses on the severed and retained lands: a)Noise Warning Type A: “Purchasers/tenants are advised that sound levels due to increasing traffic on Charles Street East may occasionally interfere with some activities of the dwelling / unit occupants as the sound levels exceed the sound level limits of the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and Parks.” It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-324 -CITY OF KITCHENER 2.Submission No.:B 2021-067 to B 2021-068 & A 2021-142 to A 2021-143(Cont’d) Pursuant to Section 53 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. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 14, 2023. Carried Submission No. A2021-142 Moved byM. Kidd Seconded by S. Hannah That the application of HOUSE OF FRIENDSHIP and K-W WORKING CENTRE FOR THE UNEMPLOYED requesting permission fora front yard setback of 2.0 metres rather than the required 3.0 metres; and requesting relief from Section 6.1.2a of the Zoning By-law to permit a parking ratio of 0.2 spaces per dwelling unit, 1 space per 90m2 of Office space, and 1 space per 15m2 of health offices use, rather than the required 1.25 spaces per dwelling unit, 1 space per 28m2 for office use, and 1 space per 15m2 of health office use; and requesting relief from 6.1.2b of the Zoning By-law to permit a visitor parking rate of 0% rather than 20% of the required parking; and requesting relief from Section 6.1.7.1 of the Zoning By-law to permit 3 barrier free spaces, whereas 6 is required, on Part Lot 6, Plan 675, being Parts 1 & 2 on Reference Plan 58R-17194, 47-75 Charles Street East & 40-42, 50 Eby Street, Kitchener, Ontario, BE APPROVEDsubject to the following conditions; 1.That Site Plan approval is issued to the satisfaction of the Manager of Development Review. 2.That a minimum of 56 Class A bicycle parking spaces be provided on the main floor of the proposed nine storey building for residents as noted within the Paradigm Parking Study, and, that a minimum of 14 Class A bicycle parking spaces be provided within the underground parking garage as noted within the Paradigm Parking Study for staff/volunteers to the satisfaction of the Manager of Transportation Services. 3.That all conditions shall be completed prior to December 1st, 2023. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions, will result in this approval becoming null and void. It is the opinion of this Committee that: 1.The variancesrequested in this application areminor. 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 isbeing 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. Carried COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-325 -CITY OF KITCHENER 2.Submission No.:B 2021-067 to B 2021-068 & A 2021-142 to A 2021-143(Cont’d) Submission No. A2021-143 Moved byM. Kidd Seconded by S. Hannah That the application of HOUSE OF FRIENDSHIP and K-W WORKING CENTRE FOR THE UNEMPLOYED requesting permission to permit a parking ratio of 0.2 spaces per dwelling unit, 1 space per 90m2 of Office space, rather than the required 1.25 spaces per dwelling unit,1 space per 28m2 for office use; and requesting relief from 6.1.2b of the Zoning By-law to permit a visitor parking rate of 0% rather than 20% of the required parking; and requesting relief from Section 6.1.7.1 of the Zoning By-law to permit 1 barrier free spaces, whereas 2 is required; and requesting relief from Section 6.1.1.2a) of to the Zoning By-law to not require a visual barrier along the lot line where a parking lot abuts a residential zone, whereas a visual barrier is required; and requesting relief from Section 46.3 of the Zoning By-law to permit dwelling units located at grade to not require an exclusive patio area, whereas an exclusive patio is required for dwelling units located at grade, on Part Lot 6, Plan 675, being Parts 1 & 2 on ReferencePlan 58R-17194, 47-75 Charles Street East & 40-42, 50 Eby Street, Kitchener, Ontario,BE APPROVED. It is the opinion of this Committee that: 1.The variancesrequested in this application areminor. 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 isbeing 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. Carried 3.Submission No.:B 2021-069 & A 2021-144 to 145 Applicants:Vlad Knezevic Property Location:86 Whitney Place Legal Description:Lot 41, Plan 1661 Appearances: In Support:V.Knezevic Contra:None Written Submissions:None The Committee was advised the applicantwas requestingpermission to sever a parcel of land having a width of 10.74m, a depth of 21m, and an area of 226.8sq.m.The retained land willhave a width of 10.747m, a depth of 21.022m, and an area of 226.9sq.m. Permission is further requested for minor variances for both the severed and retained lands to allow a rear yard setback of 6mon both the retained and severed lands rather than the required 7.5m; and,a total lot area of 226.9sq.s (retained lands) and 226.8sq.m. (severed lands) rather than the required 235sq.m.The existing dwelling is proposed to be demolished and duplexes are proposed to be constructed. The Committee considered Development Services Department report DSD-2021-247,dated December 7, 2021,recommending approval of the application, subject to conditions outlined in the report. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-326 -CITY OF KITCHENER 3.Submission No.:B 2021-069 & A 2021-144 to 145(Cont’d) The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services datedDecember 3, 2021, advising they have no objection to this application subject conditions outlined in their report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 2, 2021, advising they have no concerns with this application. V.Knezevicwas in attendance in support of the application and staff’s recommendation. A. Pinnell noted that a revised report had been circulated to the Committee and applicant in advance of the meeting to re-insert Condition 5 regarding the documentation of the structure’s interior, which had been inadvertently removed. Submission No. B2021-069 Moved byS. Hannah Seconded by M. Kidd That the application of VLADAN KNEZEVIC requesting permission tosever a parcel of land having a width of 10.7 metres, a depth of 21.0 metres, and an area of 226.8 square metres,on Lot 41, Plan 1661, 86 Whitney Place, Kitchener, Ontario, BE APPROVEDsubject to the following conditions: 1.That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject properties to the satisfaction of the City’s Revenue Division. 2.That the 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. 3.That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel in the amount of $4,943.62. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 4.That, in light of the proximity of trees near the property limit, the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a)That priorto tree removal, any grading, servicing or the application or issuance of a building permit, the owner shall submit a Tree Preservation / Enhancement Plan in accordance with the City’s Tree Management Policy, prepared by a qualified consultant, to the satisfaction and approval of the City’s Director of Planning; b)The owner further agrees to implement the approved plan; c)Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan; d)No changes to the said plan shall be granted except with the prior approval of the City’s Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-327 -CITY OF KITCHENER 3.Submission No.:B 2021-069 & A 2021-144 to 145(Cont’d) 5.With respect to the single detached dwelling existing as of December 5, 2021, following fulfilment of Condition 5, the owner shall obtain demolition control approval from the City’s Planning Division, and shall obtain a demolition permit from the Chief Building Official, and shall demolish said dwelling. 6.That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of new service connections to the severed and retained lands. 7.That the owner shall prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 8.That the owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for the site with corresponding layer names and asset information, to the satisfaction of the City’s Engineering Services. 9.That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 10.That the owner shall submit a valid Section 59 notice, to the satisfaction of the Region of Waterloo. 11.That the owner shall enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: Noise Warning Clause A: “Purchaser/tenants are advised that sound levels due to increasing transportation (road and rail) noise in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP).” It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 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. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 14, 2023. Carried COMMITTEE OF ADJUSTMENT MINUTES December 14, 2021-328 -CITY OF KITCHENER 3.Submission No.:B 2021-069 & A 2021-144 to 145(Cont’d) Submission No. A2021-144 Moved byS. Hannah Seconded by M. Kidd That the application of VLADAN KNEZEVIC requesting permission toallow a minimum rear yard of 6.0 metres for a proposed duplex dwelling, whereas 7.5 metres is required, and a minimum lot area of 226.9 square metres, whereas 235.0 square metres is required, on Lot 41, Plan 1661, 86 Whitney Place, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variance requested in this application isminor. 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 isbeing 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. Carried Submission No. A2021-145 Moved byS. Hannah Seconded by M. Kidd That the application of VLADAN KNEZEVIC requesting permission toallow a minimum rear yard of 6.0 metres for a proposed duplex dwelling, whereas 7.5 metres is required, and a minimum lot area of 226.8 square metres, whereas 235.0 square metres is required, on Lot 41, Plan 1661, 86 Whitney Place, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variance requested in this application isminor. 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 isbeing 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. Carried ADJOURNMENT On motion, the meeting adjourned at 11:40 a.m. Dated at the City of Kitchener this 14thday of December,2021. Sarah Goldrup Acting Secretary-Treasurer Committee of Adjustment