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HomeMy WebLinkAboutCA Minutes - 2025-05-20 Committee of Adjustment Committee Minutes May 20, 2025, 10:00 a.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present: B. Santos, Chair B. McColl, Member M. Gambetti, Member M. Melo, Member A. Brennan, Member Staff: T. Malone-Wright, Manager, Development Approvals D. Seller, Transportation Services M. Mills, Committee Coordinator C. Owen, Administrative Clerk _____________________________________________________________________ 1. COMMENCEMENT The Committee of Adjustment met this date commencing at 10:00 a.m. 2. MINUTES Moved by B. McColl Seconded by M. Gambetti "That the regular minutes of the Committee of Adjustment meeting held April 15, 2025, as circulated to the members, be accepted." Carried 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 1 3.1 A. Brennan - A 2025-050 - 244 Samuel Street, DSD-2025-223 A. Brennan declared a pecuniary interest with respect to minor variance application A 2025-050 - 244 Samuel Street, DSD-2025-223, on the agenda this date due to their employment. Accordingly, A. Brennan did not participate in any discussion or vote regarding this matter. 4. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT 5. UNFINISHED BUSINESS 5.1 A 2025-021 - 2880 King Street East, DSD-2025-234 Submission No.: A 2025-021 Applicant: Arvinder Pablay Property Location: 2880 King Street East Legal Description: Part Farm Lot, Plan 589; being Parts 11 to 18 on Reference Plan 58R-3902 Appearances: In Support: P. Grewal A. Pablay Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit a parking requirement of 27 parking spaces rather than the minimum required 44 parking spaces to recognize the parking configuration for the existing commercial retail plaza on the subject property in accordance with Site Plan Application SPB24/097/K/AS. The Committee considered Development Services Department report DSD-2025- 234, dated May 9, 2025, recommending approval subject to conditions as outlined in the report. 2 The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 4, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 3, 2025, advising they have no concerns with the subject application. T. Malone-Wright noted the subject application was previously deferred by the Committee to allow the applicant an opportunity to complete a Parking Justification Study. It was noted Staff have conducted a parking study at the subject property and can confirm that there is sufficient parking. As such, Staff is in support of approval of the minor variance application. P. Grewal was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Gambetti That the application of 1000833452 ONTARIO INCORPORATED requesting a minor variance to permit a parking requirement of 27 parking spaces rather than the minimum required 44 parking spaces to recognize the parking configuration for the existing commercial retail plaza on the subject property in accordance with Site Plan Application SPB24/097/K/AS, on Part Farm Lot, Plan 589; being Parts 11 to 18 on Reference Plan 58R-3902, 2880 King Street East, 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 is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered a-making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 3 6. NEW BUSINESS 6.1 A 2025-043 & A 2025-044 - 82, 84 Brunswick Avenue, DSD-2025-211 Submission No.: A 2025-043 & A 2025-044 Applicant: 1000775777Ontario Ltd. c/o Amy Brooke and Nigel Brooke Property Location: 82 Brunswick Avenue Legal Description: Part Lot 9, Plan 373 Appearances: In Support: M. Phipps A. Brooke Contra: B. Magolon R. Miller M. Orth M. Van Rassel C. Jackett M. Charette C. Shantz M. Wright L. Charette R. Miller Written Submissions: K. Bester M. Charette A. Brooke K. Targosz Valdez C. Shantz C. Knox 4 M. & G. Wright Z. Schnarr M. Jackett L. Charette R. Miller B. Magolon A. Gowing M. Corry P. Eckstein The Committee was advised the applicant requested minor variances to permit a minimum front yard landscaping area of 15% rather than the minimum required 20%; to permit a driveway width of 5.2m rather than the maximum permitted 3m; and, to permit a rear yard setback of 6.6m rather than the minimum required 7.5m to facilitate the construction of a semi-detached dwelling containing 4 units. In future, this parcel is proposed to be severed from the property municipally addressed as 84 Brunswick Avenue, so each lot can be dealt with separately. The Committee considered Development Services Department report DSD-2025- 211, dated May 7, 2025, recommending refusal as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 6, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated May 5, 2025, advising they have no concerns with the subject application. M. Phipps, and A. Brooke were in attendance in opposition to the staff recommendation noting the proposed development provides affordable and attainable housing. Further, the current Zoning By law and regulations permit 4 dwelling units on the subject properties as of right, however, to improve the desirability and livability of the proposed units, minor variances are being requested this date. In response to questions from the Committee regarding concerns with the proposed driveway width, M. Tibbs noted the property owner is amenable to considering a parking variance for a single wide driveway rather than a double wide driveway. 5 R. Miller and C. Jackett were in attendance in opposition to the application noting the proposed development is not desirable for the neighbourhood as it negatively impacts the neighbourhood character, safety, and livability of the community. In response to questions from the Committee, T. Malone-Wright advised the Committee, Staff are of the opinion that all the requested variances, except the request for a rear yard setback of 6.6m are not minor in nature. M. Gambetti brought a motion to approve the requested rear yard setback of 6.6m. The motion failed to receive a seconder thus was not considered. B. McColl brought forward a motion to refuse the requested minor variances, which was seconded by M. Gambetti. The following motion was then voted on and was Carried. Submission No. A 2025-043 Moved by: B. McColl Seconded by: M. Gambetti That the application of AMY BROOKE and NIGEL BROOKE requesting minor variances to permit a minimum front yard landscaping area of 15% rather than the minimum required 20%; to permit a driveway width of 5.2m rather than the maximum permitted 3m; and, to permit a rear yard setback of 6.6m rather than the minimum required 7.5m to facilitate the construction of a semi-detached dwelling containing 4-units, generally in accordance with drawings prepared by Southwood Homes, dated March 27, 2025, on Part Lot 9, Plan 373, 82 Brunswick Avenue, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 1. The variances requested in this application are not minor. 2. This application is not 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 not being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please www.kitchener.ca. 6 Carried Submission No. A 2025-044 Moved by: B. McColl Seconded by: M. Gambetti That the application of AMY BROOKE and NIGEL BROOKE requesting minor variances to permit a minimum front yard landscaping area of 17% rather than the minimum required 20%; to permit a driveway width of 5.2m rather than the maximum permitted 3m; and, to permit a rear yard setback of 5.1m rather than the minimum required 7.5m to facilitate the construction of a semi-detached dwelling containing 4-units, generally in accordance with drawings prepared by Southwood Homes, dated March 27, 2025, on Plan 373, Part Lot 9, 82 Brunswick Avenue, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 1. The variances requested in this application are not minor. 2. This application is not 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 not being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.2 A 2025-045 - 191 Morgan Avenue, DSD-2025-224 Submission No.: A 2025-045 Applicant: 1000213586 Ontario Inc c/o Kyle Ford Property Location: 191 Morgan Avenue Legal Description: on Part Lot 3, Plan 959 & Part Lot 1, Plan 986 & Part Block E, Plan 115, being Parts 1-3 on Reference Plan 58R871 Appearances: 7 In Support: K. Ford R. D'Alessandro Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit a parking requirement of 16 parking spaces rather than the minimum required 32 parking spaces to facilitate the development of 11 new dwelling units within an existing building having 18 dwelling units, for a total of 29 dwelling units in accordance with Site Plan Application SP24/086/M/BB. The Committee considered Development Services Department report DSD-2025- 224, dated May 8, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 6, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated May 5, 2025, advising they have no concerns with the subject application. R. D'Alessandro, NEO Architecture Inc. was in attendance in support of the staff recommendation. Moved by M. Melo Seconded by M. Gambetti That the application of 1000213586 ONTARIO INC requesting a minor variance to permit a parking requirement of 16 parking spaces rather than the minimum required 32 parking spaces to facilitate the development of 11 new dwelling units within an existing building having 18 dwelling units, for a total of 29 dwelling units in accordance with Site Plan Application SP24/086/M/BB, on Part Lot 3, Plan 959 & Part Lot 1, Plan 986 & Part Block E, Plan 115, being Parts 1-3 on Reference Plan 58R871, 191 Morgan Avenue, Kitchener, Ontario, BE APPROVED. 8 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 -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.3 A 2025-046 - 241 Huck Crescent, DSD-2025-209 Submission No.: A 2025-046 Applicant: Waseela Saleh and Farid Kassam Property Location: 241 Huck Crescent Legal Description: Lot 93, Plan 58M-117 Appearances: In Support: W. Saleh N. Disha Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit an addition of a deck to have a rear yard setback of 3.9m rather than the minimum required 4.0m; and, to permit an addition (a sunroom) to have a rear yard setback of 4.8m rather than the minimum required 7.5m. 9 The Committee considered Development Services Department report DSD-2025- 209, dated May 7, 2025, recommending approval subject to a condition as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 6, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated May 5, 2025, advising they have no concerns with the subject application. N. Disha, Four Seasons Sunrooms, was in attendance in support of the staff recommendation. Moved by A. Brennan Seconded by M. Melo That the application of FARID DAWOOD KASSAM and WASEELA SULAIMAN SALEH requesting minor variances to permit an addition of a deck to have a rear yard setback of 3.9m rather than the minimum required 4.0m; and, to permit an addition (a sunroom) to have a rear yard setback of 4.8m rather than the minimum required 7.5m, in accordance with drawings prepared by Four Seasons Sunrooms GTA, dated January 26, 2025, on Plan 58M-117, Lot 93, 241 Huck Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the property owner shall provide and show Erosion and Sedimentation Control Measures on the plot plan for the Application for and side of 241 Huck Crescent. 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 -making process with respect to the subject application. For more information, please 10 www.kitchener.ca. Carried 6.4 A 2025-047 - 14 Jansen Avenue, DSD-2025-235 Submission No.: A 2025-047 Applicant: 233514 Ontario Inc. c/o Dennis Vatour Property Location: 14 Jansen Avenue Legal Description: Part Lot Farm, Plan 589 Appearances: In Support: D. Vatour A. Josic Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit a northerly side yard setback of 3.2m rather than the minimum required 7.5m; and, to permit a parking requirement of 8 parking spaces rather than the minimum required 16 parking spaces to facilitate a 2-storey addition at the rear of the existing building for the expansion of an existing daycare use in accordance with Site Plan Application SPF25/003/J. The Committee considered Development Services Department report DSD-2025- 235, dated May 8, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 6, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated May 5, 2025, advising they have no concerns with the subject application. 11 A. Josic, AFJ Building Design Inc. and D. Vatour were in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by B. McColl That the application of 2335314 ONTARIO INC requesting minor variances to permit a northerly side yard setback of 3.2m rather than the minimum required 7.5m; and, to permit a parking requirement of 8 parking spaces rather than the minimum required 16 parking spaces to facilitate a 2-storey addition at the rear of the existing building for the expansion of an existing daycare use in accordance with Site Plan Application SPF25/003/J, on Part Lot Farm, Plan 589, 14 Jansen Avenue, 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 Commi-making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.5 A 2025-048 - 24 Amherst Drive, DSD-2025-226 Submission No.: A 2025-048 Applicant: Dandan Xu Property Location: 24 Amherst Drive Legal Description: Lot 104, Plan 578 Appearances: In Support: J. Cooper D. Xu 12 Contra: None Written Submissions: S. Di Maria The Committee was advised the applicant requested minor variances to permit a driveway width of 8.3m rather than the maximum permitted driveway width of 8m; and, to permit a southerly side yard setback of 0m rather than the minimum required 1.2m to recognize an existing driveway, and to facilitate the conversion of the existing garage into an entry area for an Additional Dwelling Unit (ADU) (Attached). The Committee considered Development Services Department report DSD-2025- 226, dated May 7, 2025, recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 6, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated May 5, 2025, advising they have no concerns with the subject application. J. Cooper was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Gambetti That the application of DANDAN XU requesting minor variances to permit a driveway width of 8.3m rather than the maximum permitted driveway width of 8m; and, to permit a southerly side yard setback of 0m rather than the minimum required 1.2m to recognize an existing driveway, to facilitate the conversion of the existing garage into an entry area for an Additional Dwelling Unit (ADU) (Attached), generally in accordance with drawings submitted as part of Minor Variance Application A 2025-048, on Lot 104, Plan 578, 24 Amherst Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 13 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 -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.6 A 2025-049 - 42 Orchard Mill Crescent, DSD-2025-227 Submission No.: A 2025-049 Applicant: Jeffrey Cooper, Dandan Xu, Hongfa Xu Property Location: 42 Orchard Mill Crescent Legal Description: Lot 23, Plan 1472 Appearances: In Support: J. Cooper D. Xu Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit a southerly side yard setback of 0m rather than the required 1.2m to recognize an existing driveway and to facilitate the conversion of the existing garage into an entry area for an Additional Dwelling Unit (ADU) (Attached). The Committee considered Development Services Department report DSD-2025- 227, dated May 7, 2025, recommending approval as outlined in the report. 14 The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 6, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated May 5, 2025, advising they have no concerns with the subject application. J. Cooper was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by B. McColl That the application of DANDAN XU, HONGFA XU and JEFFREY COOPER requesting a minor variance to permit a southerly side yard setback of 0m rather than the required 1.2m to recognize an existing driveway and to facilitate the conversion of the existing garage into an entry area for an Additional Dwelling Unit (ADU) (Attached), generally in accordance with drawings submitted as part of Minor Variance Application A 2025-049, on Lot 23, Plan 1472, 42 Orchard Mill Crescent, 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 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 -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.7 A 2025-050 - 244 Samuel Street, DSD-2025-223 Submission No.: A 2025-050 Applicant: William S. Dahms, Denise J. Dahms, Nicholas W.M. Dahms Property Location: 244 Samuel Street Legal Description: Part Lot 97, Plan 284 15 Appearances: In Support: W. Dahms N. Dahms Contra: None Written Submissions: None A. Brennan declared a pecuniary interest with respect to minor variance application A 2025-050 - 244 Samuel Street, DSD-2025-223, on the agenda this date due to their employment. Accordingly, A. Brennan did not participate in any discussion or vote regarding this matter. A. Brennan left the meeting at this time. The Committee was advised the applicant requested minor variances to permit a single detached dwelling to have a driveway width of 8m (68% of the lot width) rather than the maximum permitted 4.7m (40% of the lot width); and, to permit a driveway to be located 0.5m from the rear lot line rather than the minimum required setback of 1.2m to facilitate the enlargement of the existing driveway. The Committee considered Development Services Department report DSD-2025- 223, dated May 7, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 6, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated May 5, 2025, advising they have no concerns with the subject application. N. Dahms and W. Dahms were in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Melo That the application of WILLIAM S. DAHMS, DENISE J. DAHMS and NICHOLAS W. M. DAHMS requesting minor variances to permit a single detached dwelling 16 to have a driveway width of 8m (68% of the lot width) rather than the maximum permitted 4.7m (40% of the lot width); and, to permit a driveway to be located 0.5m from the rear lot line rather than the minimum required setback of 1.2m to facilitate the enlargement of the existing driveway, generally in accordance with drawings attached to Development Services Department report DSD-2025-223, on Part Lot 97, Plan 284, 244 Samuel Street, 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 -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.8 A 2025-051 - 503 Victoria Street North, DSD-2025-230 Submission No.: A 2025-051 Applicant: Cobra Property Investments Ltd. c/o Kendall Wayow Property Location: 503 Victoria Street North Legal Description: Part Lots 18 & 19, Plan 157 Appearances: In Support: K. Wayow J. Camara Contra: None Written Submissions: 17 None A. Brennan re-entered the meeting at this time. The Committee was advised the applicant requested minor variances to Zoning By-law 85-1 to permit an unobstructed walkway to overlap with the driveway whereas the Zoning By-law does not permit this; to permit a driveway to be comprised of the same material as the unobstructed walkway whereas the Zoning By-law does not permit this; to permit a residential building without central air conditioning, double-glazed windows, and EW1 exterior walls to be located 3.8m from an Arterial Road rather than the minimum permitted 12m; and, to permit a driveway width of 2.2m rather than the minimum required 2.6m to facilitate use of the existing building for a Single Detached Dwelling with 2 Additional Dwelling Units (ADU)(Attached) as a Triplex Use. The Committee considered Development Services Department report DSD-2025- 230, dated May 8, 2025, recommending approval of the variances related to the driveway and the residential building subject to conditions; and, refusal of the variances related to the unobstructed walkway as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 6, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated May 5, 2025, advising they have no concerns with the subject application. K. Wayow and J. Camara, Fiori Design Inc, were in attendance in support of the staff recommendation for approval of the variances related to the driveway and the residential building location however noted opposition to the staff recommendation for refusal of the variances related to the unobstructed walkway. K. Wayow noted the existing condition of the property as a Triplex Use has existed for 4 decades and the applicant is seeking to bring the home into compliance with the Zoning By law. Further, the proposed variances align with the City of Kitchener's goals of gentle intensification, efficient land use and affordable housing while preserving the neighbourhood character. K. Wayow also noted the request for an unobstructed walkway to overlap with the driveway does not affect livability or emergency access. Further, alternative configurations to the walkways suggested by Staff will require extensive structural changes and will introduce awkward interior layouts and loss of living space. Lastly, K. Wayow noted the overlap of unobstructed walkways with driveways exists at other neighbouring properties including 495, 497 and 415 Victoria Street North. 18 In response to questions from the Committee regarding the potential for angled parking to address Staff's concerns with the three 90-degree parking spaces as outlined in the report, D. Seller noted Staff would need to further assess the property to ensure it meets the criteria for angled parking. K. Wayow noted the applicant is amendable to the suggested angled parking. In response to further questions from the Committee, T. Malone-Wright advised there is no record indicating the existing triplex use at the subject property was granted legal non-conforming status. B. McColl stated an opinion that all the requested variances should be approved as the triplex use has existed for decades without any issues. B. McColl brought forward a motion to approve all requested variances. The motion failed to receive a seconder thus was not considered. It was requested that the Staff recommendation for approval of the variances related to the driveway and the residential building; and, refusal of the variances related to the unobstructed walkway be voted on separately. The following motions were then voted on and Carried. Moved by M. Gambetti Seconded by M. Melo That the application of CONCEZIO GIAMPIETRO and SALVATORE GIAMPIETRO requesting minor variances to Zoning By-law 85-1 to permit a residential building without central air conditioning, double-glazed windows, and EW1 exterior walls to be located 3.8m from an Arterial Road rather than the minimum permitted 12m; and, to permit a driveway width of 2.2 m rather than the minimum required 2.6m to facilitate use of the existing building for a Single Detached Dwelling with 2 Additional Dwelling Units (ADU)(Attached) as a Triplex Use, generally in accordance with drawings prepared by Fiori Design, dated November 14, 2024, on Part Lots 18 & 19, Plan 157, 503 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall grant Metrolinx an Environmental Easement for Operational Emissions. The Environmental Easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. 2. That the property owner shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development 19 Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: ence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units." 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 -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried Moved by A. Brennan Seconded by M. Gambetti That the application of CONCEZIO GIAMPIETRO and SALVATORE GIAMPIETRO requesting minor variances to Zoning By-law 85-1 to permit an unobstructed walkway to overlap with the driveway whereas the Zoning By-law does not permit this; and, to permit a driveway to be comprised of the same 20 material as the unobstructed walkway whereas the Zoning By-law does not permit this, to facilitate use of the existing building for a Single Detached Dwelling with 2 Additional Dwelling Units (ADU)(Attached) as a Triplex Use, generally in accordance with drawings prepared by Fiori Design, dated November 14, 2024, on Part Lots 18 & 19, Plan 157, 503 Victoria Street North, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 1. The variances requested in this application are not minor. 2. This application is not 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 not being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please review t www.kitchener.ca. Carried 6.9 A 2025-052 & A 2025-053 - 573 & 575 Guelph Street, DSD-2025-205 Submission No.: A 2025-052 & A 2025-053 Applicant: Marcru Corp c/o Jon Crummer Property Location: 573 & 575 Guelph Street Legal Description: Lot 17, Plan 749 Appearances: In Support: J. Crummer Contra: None Written Submissions: None 21 The Committee was advised the applicant requested minor variances to permit lot widths of 7.4m rather than the minimum required 7.5m; and, to permit side yard setbacks of 0.9m rather than the minimum required 1.2m to recognize the existing semi-detached dwellings. The Committee considered Development Services Department report DSD-2025- 205, dated April 25, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 6, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated May 5, 2025, advising they have no concerns with the subject application. J. Crummer, Marcru Corp, was in attendance in support of the staff recommendation. Submission No. A 2025-052 Moved by: M. Gambetti Seconded by: B. McColl That the application of MARCRU CORP requesting minor variances to permit a lot width of 7.4m rather than the minimum required 7.5m; and, to permit a side yard setback of 0.9m rather than the minimum required 1.2m to recognize the existing semi-detached dwelling, generally, in accordance with drawings prepared by Ontario Land Surveyor David J. Raithby, dated June 8, 2023, on Lot 17, Plan 749, 573 Guelph Street, 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 -making process with respect to the subject application. For more information, please www.kitchener.ca. 22 Submission No. A 2025-053 Moved by: M. Gambetti Seconded by: B. McColl That the application of MARCRU CORP requesting minor variances to permit a lot width of 7.4m rather than the minimum required 7.5m; and, to permit a side yard setback of 0.9m rather than the minimum required 1.2m to recognize the existing semi-detached dwelling, generally, in accordance with drawings prepared by Ontario Land Surveyor David J. Raithby, dated June 8, 2023, on Lot 17, Plan 749, 575 Guelph Street, 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 -making process with respect to the subject application. For more information, please www.kitchener.ca. 6.10 B 2025-014 - Part 3, Reference Plan 58R-7207, DSD-2025-231 Submission No.: B 2025-014 Applicant: Grand River Conservation Authority Property Location: Part 3, Reference Plan 58R-7207, Vacant Land Legal Description: Part 3, Reference Plan 58R-7207 Appearances: In Support: T. Bocchino Contra: None Written Submissions: None 23 The Committee was advised the applicant requested consent to sever a triangular-shaped parcel of land measuring 35.8m by 14.3m by 27.6m, having an area of 180.2 sq.m. to convey as a lot addition to the property municipally addressed as 508 Fall Harvest Place, as shown on a survey sketch prepared by Guenther Rueb Surveying Limited, dated March 19, 2025 attached to the application. The Committee considered Development Services Department report DSD-2025- 231, dated May 7, 2025, recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 5, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated May 5, 2025, advising they have no objection with the subject application. T. Bocchino was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by M. Melo That the application of GRAND RIVER CONSERVATION AUTHORITY requesting consent to sever a triangular-shaped parcel of land measuring 35.8m by 14.3m by 27.6m, having an area of 180.2 sq.m. from Part 3, Reference Plan 58R-7207, Vacant Land, to convey as a lot addition to Lot 27, Plan 58M-527, 508 Fall Harvest Place, as shown on a survey sketch prepared by Guenther Rueb Surveying Limited, dated March 19, 2025 attached to the application, BE APPROVED, subject to the following conditions: 1. citor 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. 2. 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. 3. 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 24 according to the City of Kitchener's Digital Submission Standards to the 4. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and Director, Development and Housing Approvals, and Severance Sketch Plan, prepared by Guenther Rueb Surveying Limited, dated March 19, 2025 (Figure 4, DSD-2025-231) and Lot 27, 58M-527 -527 shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and neither of the Severed Lands nor Lot 27, 58M-527 shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and /or section 50 (5) 5. to register an Application Consolidation Parcels for the Severed Lands and Lot 27, 58M-527 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. Alternatively, if in the opinion of the City Solicitor, an Application Consolidation Parcels cannot be registered on title, the Owner shall take such alternative measures and provide such alternative documents to ensure that the severed parcel and receiving parcel are not separately encumbered, conveyed, or otherwise transferred from one another and shall remain in common ownership, at the discretion of and to the satisfaction of the City Solicitor. 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. 25 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 -making process with respect to the subject application. For more information, please www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried 6.11 B 2025-015 - Part 3, Reference Plan 58R-7207, DSD-2025-232 Submission No.: B 2025-015 Applicant: Grand River Conservation Authority Property Location: Part 3, Reference Plan 58R-7207, Vacant Land Legal Description: Part 3, Reference Plan 58R-7207 Appearances: In Support: T. Bocchino Contra: None Written Submissions: None The Committee was advised the applicant requested consent to sever an irregular-shaped parcel of land measuring 20.3m by 15.8m by 14.3m by 27.6m, having an area of 342.5 sq.m. to convey as a lot addition to the property municipally addressed as 512 Fall Harvest Place, as shown on a survey sketch 26 prepared by Guenther Rueb Surveying Limited, dated March 19, 2025 attached to the application. The Committee considered Development Services Department report DSD-2025- 232, dated May 7, 2025, recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 5, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated May 5, 2025, advising they have no objection with the subject application. T. Bocchino was in attendance in support of the staff recommendation. Moved by M. Melo Seconded by B. McColl That the application of GRAND RIVER CONSERVATION AUTHORITY requesting permission to consent to sever an irregular-shaped parcel of land measuring 20.3m by 15.8m by 14.3m by 27.6m, having an area of 342.5 sq.m. from Part 3, Reference Plan 58R-7207,Vacant Land, to convey as a lot addition to Lot 26, Plan 58M-527, 512 Fall Harvest Place, as shown on a survey sketch prepared by Guenther Rueb Surveying Limited, dated March 19, 2025, BE APPROVED, subject to the following conditions: 1. citor 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. 2. 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. 3. 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 4. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and Director, Development and Housing Approvals, and 27 Severance Sketch Plan, prepared by Guenther Rueb Surveying Limited, dated March 19, 2025 (Figure 4, DSD-2025-231) and Lot 26, 58M-527 ed Lands and Lot 26, 58M-527 shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and neither of the Severed Lands nor Lot 26 58M-527 shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and /or section 5. to register an Application Consolidation Parcels for the Severed Lands and Lot 26, 58M-527 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. Alternatively, if in the opinion of the City Solicitor, an Application Consolidation Parcels cannot be registered on title, the Owner shall take such alternative measures and provide such alternative documents to ensure that the severed parcel and receiving parcel are not separately encumbered, conveyed, or otherwise transferred from one another and shall remain in common ownership, at the discretion of and to the satisfaction of the City Solicitor. 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 -making process with respect to the subject application. For more information, please 28 www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried 6.12 B 2025-016 - 1950 Fischer Hallman Road, DSD-2025-210 Submission No.: B 2025-016 Applicant: Schlegel Urban Developments Corp Property Location: 1950 Fischer Hallman Road Legal Description: Part Lots 158 and 159, German Company Tract; being Part 3 on Reference Plan 58R-17355 Appearances: In Support: M. Serra Contra: None Written Submissions: None The Committee was advised the applicant requested consent to permit a long- term lease for a period greater than 21 years for a building and drive-through as 1950 Fischer Hallman Road. The Committee considered Development Services Department report DSD-2025- 210, dated May 7, 2025, recommending approval subject to conditions as outlined in the report. 29 The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 5, 2025, advising they have no concerns with the subject application subject to a condition as outlined in the report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated May 5, 2025, advising they have no concerns with the subject application. M. Serra, GSP Group Inc., was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Gambetti That the application of SCHLEGEL URBAN DEVELOPMENTS CORP requesting consent to permit a long-term lease for a period greater than 21 years for a building and drive- property municipally addressed as 1950 Fischer Hallman Road, in accordance with the B 2025-016, on Part Lots 158 and 159, German Company Tract; being Part 3 on Reference Plan 58R-17355, 1950 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject 3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the 4. That the property owner shall verify, in writing, whether the Lease Agreement is affected by any required or existing easements and/or restricted covenants, to confirm the necessary arrangements for servicing, shared parking and access are in place. 30 5. That the property owner shall verify, in writing, that the subject property has been developed in accordance with the Approved Site Plan Agreement, and if necessary, the Site Plan Agreement is to be amended to include any required revisions and/or updates. 6. That the property owner shall verify, in writing, that the Lease Agreement complies with and fulfils all pertinent provisions of the Ontario Planning Act. 7. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent review fee of $350.00. 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 -making process with respect to the subject application. For more information, please review the meeting www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried 6.13 B 2025-017 & A 2025-054 - 864 King Street West, DSD-2025-229 Submission No.: B 2025-017 & A 2025-054 Applicant: Vive Development Corporation 31 Property Location: 864 King Street West Legal Description: Part Lots 304, 305 & 312, Lots 306, 319 & 320, Plan 385; being Part 1 Reference Plan 58R-8237 Appearances: In Support: C. Dumart Contra: None Written Submissions: None The Committee was advised the applicant requested consent to sever an irregular-shaped parcel of land measuring 2.2m by 90.4m, having an area of 3,045.1 sq.m. and is proposed to be redeveloped with a 45 storey-tower building. The retained land will have a width of 54.7m, a depth of 70.5m and an area of 3,259.6 sq.m. and is proposed for a future high-density development. Minor variances are also being requested for the severed lands to permit a front yard width on King Street West of 2.28m rather than the required 48.0m; to permit a side yard setback (southerly property line, middle) of 0m rather than the required 3m; a side yard setback (westerly property line, interior) of 0m rather than the required 3m; a minimum physical separation for storeys 7-12 (southerly property line, middle) of 0m rather than the required 6m; a minimum physical separation for storeys 7-12 (westerly property line, interior) of 0m, rather than the required 6m; a minimum physical separation for storeys 13-18 (westerly property, interior) of 6.1m rather than the required 9m; a minimum physical separation for storeys 19-36 (westerly property line, interior) of 6.1m rather than the required12m; and, a minimum physical separation for storeys 37-45 (westerly property line, interior) of 6.1m rather than the required 15m. The Committee considered Development Services Department report DSD-2025- 229, dated May 7, 2025, recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 5, 2025, advising they have no concerns subject to conditions as outlined in the report. 32 The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated May 5, 2025, advising they have no concerns with the subject application. C. Dumart was in attendance in support of the staff recommendation. Submission No. B 2025-017 Moved by M. Gambetti Seconded by M. Melo That the application of KING PINE KITCHENER INC requesting consent to sever an irregular-shaped parcel of land measuring 2.2m by 90.4m, having an area of 3,045.1 sq.m. and is proposed to be redeveloped with a 45 storey-tower building on Part Lots 304, 305 & 312, Lots 306, 319 & 320, Plan 385; being Part 1 Reference Plan 58R-8237, 864 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That Minor Variance Application A2025-054 receive final approval. 2. and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 3. 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. 4. 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 5. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the the severed lands, which shall include the following: i. That prior to the initiation of any site development works, grading or issuance of a Demolition and/or Building Permit the Owner agrees to Manager, Site Plans, which reflects, at minimum, the proposed changes to the lot size and any associated changes to the operation and/or functioning of the site. 33 Should a Site Plan Application be approved, to the satisfaction of the endorsement of the deed, the above noted condition shall not be required to be registered on title. 6. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall er, Development Approvals: 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 written consent of the City. 7. Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 8. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 9. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding of Engineering Services, prior to deed endorsement. 10. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands and disconnection / abandonment of existing services that are no longer required to the satisfaction of the City's Director of Engineering Services. 11. That the property owner shall ensure any new driveways are to be built to City of Ki Services. 34 12. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction the owner will need 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 13. That the property owner shall submit a valid Notice of Source Protection Plan Compliance (Section 59 Notice) as per the Clean Water Act, 2006 to the Region of Waterloo. 14. That for the severed lands, the property owner shall enter into a registered development agreement with the Regional Municipality of Waterloo to implement the environmental noise recommendations specific to noise impacts from King Street West (Regional Road No. 8) identified in the Development, 864-872 King Street West, Kitchener, Regional Municipality For the retained lands, the agreement shall also specify that an update to the noise study assessing noise impacts associated with King Street West shall be completed prior to site plan approval of any future development on these lands. 15. That the property owner shall make satisfactory financial arrangements to Region of Waterloo for the consent application review fee of $350.00. 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 -making process with respect to the subject application. For more information, please website at www.kitchener.ca. 35 Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried Submission No. A 2025-054 Moved by M. Gambetti Seconded by M. Melo That the application of KING PINE KITCHENER INC requesting minor variances for the severed lands (created through Consent Application B 2025-017) to permit a front yard width on King Street West of 2.28m rather than the required 48.0m; to permit a side yard setback (southerly property line, middle) of 0m rather than the required 3m; a side yard setback (westerly property line, interior) of 0m rather than the required 3m; a minimum physical separation for storeys 7- 12 (southerly property line, middle) of 0m rather than the required 6m; a minimum physical separation for storeys 7-12 (westerly property line, interior) of 0m, rather than the required 6m; a minimum physical separation for storeys 13- 18 (westerly property, interior) of 6.1m rather than the required 9m; a minimum physical separation for storeys 19-36 (westerly property line, interior) of 6.1m rather than the required12m; and, a minimum physical separation for storeys 37- 45 (westerly property line, interior) of 6.1m rather than the required 15m, in accordance with accordance with drawings prepared by Reinders and Associates, dated March 3, 2025, on Part Lots 304, 305 & 312, Lots 306, 319 & 320, Plan 385; being Part 1 on Reference Plan 58R-8237, 864 King Street West, 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. 36 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 -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 7. ADJOURNMENT On motion, the meeting adjourned at 11:37 a.m. Marilyn Mills Secretary-Treasurer Committee of Adjustment 37