HomeMy WebLinkAboutDSD-2025-283 - B 2025-018 - 73 Second AvenueStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: June 17, 2025
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Eric Schneider, Senior Planner, 519-783-8918
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: June 5, 2025
REPORT NO.: DSD -2025-283
SUBJECT: Consent Application B2025-018 — 73 Second Avenue
RECOMMENDATION:
That Consent Application B2025-018 requesting consent to sever a parcel of land
having a lot width of 10 metres on Second Avenue, a lot depth of 40.2, metres and a
lot area of 404.7 square metres, BE APPROVED subject to the following conditions:
1. That the Owner's solicitor shall provide draft transfer documents and associated
fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and
City Solicitor, if required.
2. 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(ies) to the
satisfaction of the City's Revenue Division.
3. 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.
4. That the Owner obtains a Demolition Permit, for the existing detached dwelling
and any accessory buildings/structures proposed to be demolished, to the
satisfaction of the Chief Building Official, and removes the existing dwelling and
any accessory buildings/structures prior to deed endorsement.
5. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication of $11, 862.00.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 242 of 297
6. That the Owner shall enter into an agreement with the City of Kitchener, to be
prepared by the City Solicitor and registered on title to the Severed and Retained
lands, which shall include the following:
i) That the Owner shall prepare a Tree Preservation and Enhancement Plan, in
accordance with the City's Tree Management Policy, demonstrating protection
and preservation of the City -owned tree that is located adjacent to the severed
and/or retained lands, to the satisfaction of and approval by the City's Director
Parks and Cemeteries. Said plan shall include, among other matters, the
identification of a proposed building envelope/work zone, a landscaped area
and the vegetation to be preserved. No changes to the said plan shall be
granted except with the prior approval of the City's Director, Parks and
Cemeteries.
ii) The Owner shall implement the Tree Protection and Enhancement Plan, prior to
any tree removal, grading, servicing or the issuance of any demolition and/or
building permits, to the satisfaction of the City's Director, Parks and
Cemeteries.
iii) The Owner shall maintain the Severed and Retained lands, in accordance with
the approved Tree Preservation and Enhancement Plan, for the life of the
development.
REPORT HIGHLIGHTS:
• The purpose of this report is to review an application for Consent to create a new lot
for a new duplex dwelling on the severed parcels of land. The retained parcel of land
is also proposed to contain a new duplex dwelling.
• The key finding of this report is that the requested severance meets the criteria of the
Planning Act and Provincial, Regional and City policies.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
and this report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is an interior lot located on the East side of Second Avenue between
Kingsway Drive and Connaught Street.
Page 243 of 297
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Figure 2: View of Existing Detached Dwelling (May 27, 2025)
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
Page 244 of 297
The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-
051.
The purpose of the application is to create a new lot to construct a new detached duplex
dwelling on the severed lands. A duplex dwelling would also be built on the retained lands.
The existing detached dwelling is proposed to be demolished.
On April 18, 2023, the Committee of Adjustment approved severance application B2023-
016 for the subject lands, which proposed the same severance as the subject application.
The applicant has completed some of the conditions, including installation of services.
However, the 24 month deadline to complete conditions has now lapsed and the applicant
is re -applying for severance on the subject lands.
The Development and Housing Approvals Division approved a Demolition Control
application on April 25, 2025.
Figure 3: Severance Sketch
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Planning Statement (PPS 2024)
Staff are satisfied that the proposed severance application is consistent with the Provincial
Planning Statement in general and as it related to housing policies in Chapter 2 regarding
intensification and facilitating housing options. Section 2.2 1 (b) states that Planning
authorities shall provide for an appropriate range and mix of housing options and densities
to meet projected needs of current and future residents of the regional market area by
permitting and facilitating all housing options required to meet the social, health, economic
and well-being requirements of current and future residents.
Page 245 of 297
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Figure 3: Severance Sketch
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Planning Statement (PPS 2024)
Staff are satisfied that the proposed severance application is consistent with the Provincial
Planning Statement in general and as it related to housing policies in Chapter 2 regarding
intensification and facilitating housing options. Section 2.2 1 (b) states that Planning
authorities shall provide for an appropriate range and mix of housing options and densities
to meet projected needs of current and future residents of the regional market area by
permitting and facilitating all housing options required to meet the social, health, economic
and well-being requirements of current and future residents.
Page 245 of 297
Regional Official Plan (ROP):
ROP Urban Area policies state that the focus of the Region's future growth shall be within
the Urban Area. The subject lands fall within the `Urban Area' and are designated `Built -Up
Area' in the ROP. The proposed development conforms to Policy 2. D.1 of the ROP as this
neighbourhood provides for the physical and community infrastructure required for the
proposed residential development, including transportation networks, municipal water and
wastewater systems, and a broad range of social and public health services. Regional
polices require municipalities to plan for a range of housing in terms of form, tenure,
density, and affordability to satisfy the various physical, social, economic, and personal
support needs of current and future residents. Staff are satisfied that the proposed
severance applications adhere to these policies and conforms to the ROP.
City's Official Plan (2014)
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's Official Plan.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and
contains policies regarding infill development and lot creation (Consent Policies).These
policies state the following:
"17.E.20.5 Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan and/or
Secondary Plan, and that the lots are in conformity with the Zoning By-law,
or a minor variance has been granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established
development pattern of surrounding lands by taking into consideration lot
frontages, areas, and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with Policy
14.C.1.19-1
g) a Plan of Subdivision or Condominium has been deemed not to be
necessary for proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent properties."
The proposed lot widths and lot areas of the proposed severed and retained lots will meet
the minimum `RES -4' zone lot width and lot area requirements and minor variances are
not required. Planning staff is of the opinion that the size, dimension and shape of the
proposed lots are suitable for the use of the lands and compatible with the surrounding
Page 246 of 297
neighbourhood which is developed with single detached, semi detached and multiple
dwellings with lots sizes that vary in width, depth, and area. The lands front onto a public
street and full services are available. There are no natural heritage features that would be
impacted by the proposed consent application. Planning staff is of the opinion that the
proposed severance conforms with the City of Kitchener Official Plan.
Zoning By-law 2019-051
The subject property is zoned as 'Low Rise Residential Four Zone (RES -4)' in Zoning By-
law 2019-051. The'RES-4' zone permits a range of low density dwelling types such as
duplex dwellings. The 'RES -4' Zone requires a minimum lot width of 9 metres (internal
lots) and 12.8 metres (corner lots) and minimum lot area of 235 square metres for duplex
dwellings. The proposed lot widths and lot areas of the proposed severed and retained lots
meet the minimum 'RES -4' zone lot width and lot area requirements.
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the
Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are
desirable and appropriate. The uses of both the severed and retained parcels are
permitted in the City's Official Plan and Zoning By-law. The severed lands front onto
Second Avenue is an established public street and is serviced with municipal services.
Staff is further of the opinion that the proposal is consistent with the Region of Waterloo
Official Plan, the Provincial Planning Statement, and is good planning and in the public
interest.
Environmental Planning Comments:
Standard condition for Tree Protection/Enhancement Plan to apply.
Heritage Planning Comments:
No Heritage Planning Comments.
Building Division Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and
Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal
Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be
required for the demolition of the existing building, as well as construction of the new
residential buildings.
Engineering Division Comments:
Off-site works already completed through previous application, Engineering has no further
comments
Parks and Cemeteries/Forestry Division Comments:
Cash -in -lieu of park land dedication will be required on the severed parcel as 1 new
development lot will be created. The cash -in -lieu dedication required is $11,862.00. Park
Dedication is calculated at 5% of the new development lot only, with a land valuation
calculated by the lineal frontage of 10.05 metres at a land value of $36,080.00 per
frontage metre, which equals $18,130.20. In this case, a per unit cap of $11,862.00 has
been applied.
Page 247 of 297
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
No comments.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
interested parties to find additional information on the City's website or by emailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Planning Statement (PPS 2024)
• Regional Official Plan (ROP)
• Official Plan (2014)
• Zoning By-law 2019-051
• DSD -2023-185
ATTACHMENTS:
Attachment A — Severance Sketch
Page 248 of 297
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Region of Waterloo
Connie Owen
Administrative Clerk, Legislative Services
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
CofA(a)kitchener.ca
PLANNING, DEVELOPMENTAND
LEGISLATIVE SERVICES
150 Frederick Street, 81" floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www. regionofwaterloo.ca
Susanna Reid, MCIP, RPP
519-502-8298
File: D20-20/25 KIT
June 11, 2025
Re: Comments on Consent Application: B2025-018; B2025-019; B2025-020
Committee of Adjustment Hearing, June 17, 2025
City of Kitchener
Please accept the following comments for the above -noted consent applications to be
considered at the upcoming Committee of Adjustment Hearing.
Document Number: 5004291
Page 250 of 297
File No:
B2025-018
Address:
73 Second Ave.
Description: Plan 254 Lot 33
Owner:
Weijie Zhang
Applicant:
Boban Jokanovic, Bobicon Ltd.
The purpose of the application is to demolish the existing dwelling on the property and
to create two lots for a duplex on each of the severed and retained lands.
Source Water Protection: The subject property is within a Part IV area, as defined by
the Clean Water Act. The owner/applicant has provided a Section 59 notice.
Environmental Threats: There are no high or medium threats in the Threat Inventory
Database (TID) on or adjacent to 73 Second Ave.
Regional Fees: Regional staff have not received the required $350 fee for review of a
consent application.
Regional staff have no objection to this application subject to the following condition:
1. That the Owner/Developer submit the consent review fee of $350 to the Regional
Municipality of Waterloo.
Document Number: 5004291
Page 251 of 297
File No: B2025-019
Address: 181 Borden Ave North
Description: Part Lot 7, Part Lot 8, Plan 655
Owner: Craig McRae Robson Professional Corporation
Applicant: Matthew Warzecha, Polocorp Inc
This is a residential lot with a single detached dwelling, with a total lot area of 621.9 m2.
The owner/applicant has applied to sever a 310.7 m2 parcel. The area of the retained
parcel will be 311.2 m2.
The severed parcel is proposed to be developed with one primary dwelling and three
attached ADUs.
The retained parcel is proposed to be developed with one primary dwelling and three
attached ADUs.
Source Water Protection: The subject property, 181 Borden Ave North, is outside a
Part IV area as defined by the Clean Water Act.
Environmental Threats: There are no high or medium threats in the Threats Inventory
Database identified on 181 Borden Ave North, or on properties adjacent to 181 Borden
Ave North.
Regional Fees: Regional staff have not received the required $350 fee for review of a
consent application.
Regional staff have no objection to this application subject to the following condition:
1. That the Owner/Developer submit the consent review fee of $350 to the Regional
Municipality of Waterloo.
Document Number: 5004291
Page 252 of 297
File No: B2025-020
Address: 181 Borden Ave North
Description: Part Lot 7, Part Lot 8, Plan 655
Owner: Craig McRae Robson Professional Corporation
Applicant: Matthew Warzecha, Polocorp Inc
The existing residential lot is proposed to be severed into two parcels by Consent File
B2025-019. The lots are proposed to share a single driveway access area onto Borden
Avenue, approximately 3.6 m wide
Consent file B2025-020 requests a shared access easement to straddle the lot line
between the two properties, extending the full depth of the lot (approximately 30.5
metres). The total area of the proposed easement is 120.7 m2.
Source Water Protection: The subject property, 181 Borden Ave North, is outside the
Part IV area.
Environmental Threats: There are no high or medium threats in the Threats Inventory
Database identified on 181 Borden Ave North, or on properties adjacent to 181 Borden
Ave North.
Regional Fees: Regional staff have not received the required $350 fee for review of a
consent application.
Regional staff have no objection to this application subject to the following condition:
1. That the Owner/Developer submit the consent review fee of $350 to the Regional
Municipality of Waterloo.
Document Number: 5004291
Page 253 of 297
General Comments:
If any other applications are required to facilitate the application additional fees and/or
requirements may apply. Any submission requirements may be subject to peer review,
at the owner/applicant's expense as per By-law 24-052.
Any future development on the lands subject to the above -noted consent applications
will be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof.
Prior to final approval, City staff must be in receipt of the above -noted Regional
condition clearance.
Please accept this letter as our request for a copy of the staff reports, decisions and
minutes pertaining to each of the consent applications noted above.
Thank you,
Susanna Reid, MCIP RPP
Senior Planner
Regional Growth, Development and Sustainability Services
Regional Municipality of Waterloo
Document Number: 5004291
Page 254 of 297
June 2, 2025
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — June 17, 2025
Applications for Minor Variance
A 2024-075
96 Wood Street
A 2025-055
89 Matthew Street
A 2025-057
386 Wake Robin Crescent
A 2025-058
175 Hoffman Street
A 2025-059
22 Parkglen Street
A 2025-060
181 Borden Avenue North
A 2025-061
181 Borden Avenue North
Applications for Consent
B 2025-018 73 Second Avenue
B 2025-019 181 Borden Avenue North
B 2025-020 181 Borden Avenue North
via email
Grand River Conservation Authority (GRCA) staff have reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you have any questions, please contact me at aherremana-q rand river. ca or 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 255 of 297
From:
Farah Farogue
To:
Committee of Adiustment (SM)
Cc:
Jenna Auger
Subject:
Kitchener Jun 17, 2025 Hearing
Date:
Thursday, May 29, 2025 2:43:38 PM
Attachments:
imaae001.ona
Afternoon Kitchener CofA,
Thank you for circulating the June17, 2025, Committee of Adjustments agenda for Kitchener. Please
be advised that all properties were found to be outside Metrolinx's designated review zones. As such,
we have no comments/concerns with the applications in this agenda.
Thankyou,
Farah Faroque (she/her)
Project Analyst, Adjacent Construction Review
Real Estate & Development
Metrolinx
20 Bay Street — Suite 600 1 Toronto I Ontario I M5J 2W3
T: 437.900.2291
=X: METROLINX
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: May 23, 2025 10:45 AM
To: development.coordinator <development.coordinator@metrolinx.com>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
XTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
XPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur fiable,
)u que vous ayez I'assurance que Ie contenu provient d'une source sure.
Development,
Clerks CoK has shared the folder Committee of
Adjustment - Applications with you.
Page 256 of 297
Message from Clerks
Attached are the applications for the City of Kitchener
Committee of Adjustment meeting being held on June 17,
2025.
Please remember, your email address is your username to log
in. If you are unable to log in, select "Forgot my Password". For
those who comment regularly, your written report must be sent
to CofA@kitchener.ca no later than 12 noon on Monday, June
2, 2025.
You will need to download any files in this folder that you would
like to retain, as they will be deleted from this program when
the applications for the next month are circulated.
If you require any further assistance, please email
CofA@kitchener.ca.
Thank you.
Marilyn Mills, Legislated Services
Kitchener City Hall
Need help? We're here for you.
Visit sharefile.com/support and look for "Start chat."
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This e-mail is intended only for the person or entity to which it is addressed. If you received
Page 257 of 297
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 258 of 297
From: Nembhard, O"Neil (MTO)
To: Committee of Adiustment (SM)
Subject: RE: Agenda - Committee of Adjustment - Tuesday, June 17, 2025
Date: Friday, June 6, 2025 3:11:13 PM
Attachments: imaoe001.ona
You don't often get email from o'neil.nembhard@ontario.ca. Learn why this is important
Good day,
Please see below MTO comments related to the June 17, 2025 Committee of
Adjustment Meeting.
1. The Ministry of Transportation (MTO) has no objection to this application. The
subject property is located beyond our limits of permit control and therefore
MTO review, approval and permits will not be required.
o A 2024-075 - 96 Wood Street
o A 2025-055 - 89 Matthew Street
o A 2025-057 - 386 Wake Robin Crescent
o A 2025-059 - 22 Parkglen Street
o B 2025-019, B 2025-020, A 2025-060 & A 2025-061 - 181 Borden Avenue
North
2. A 2025-058 - SP24/009/H/ES. 175 Hoffman Street - The subject property does
fall within MTO permit control area, however based on the modifications to site
proposed, MTO permits will not be required.
3. B 2025-018 - 73 Second Avenue- The subject property does fall within MTO
permit control area, however, based on the location in a buildup area, MTO
review, approval and permits will not be required.
Thank you for the opportunity to review and provide comments.
Regards,
O'Neil Nembhard
Corridor Management Planner I Operation West I Operations Division
Ministry of Transportation Ontario I Ontario Public Service
548-388-2571 1 o'neil.nembhard C_ontario.ca
Ontario 0
Taking pride in strengthening Ontario, its places and its people
Please note the Ministry no Ionizer accents Land Develooment review reauests thoueh its email
system. All Land Development Review requests to the Ministry must be submitted to the Ministry of
Transportation through the Highway Corridor Management Online portal at:
https://www.hcros.mto.gov.on.ca/
The Land Development Review module is designed to better serve stakeholders through
Page 259 of 297
streamlining all land development planning approvals by the Ministry.
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: Friday, May 30, 2025 11:55 AM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Subject: Agenda - Committee of Adjustment - Tuesday, June 17, 2025
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you
recognize the sender.
Good morning,
The agenda for the June 17, 2025 Committee of Adjustment meeting is now available on our
Council/Committee calendar.
The combined agenda with reports will be posted to the meeting calendar by noon on Friday, June
13, 2025.
Connie Owen
Administrative Clerk I Legislated Services I City of Kitchener
519-904-1409 1 TTY 1-866-969-9994 1 connie.owen(cbkitchener.ca
Page 260 of 297
From: Pui Ming Leung
To: Committee of Adiustment (SM)
Subject: COA, Kitchener
Date: Tuesday, June 3, 2025 11:37:04 AM
Attachments: 11111j)d
in
Sorry for my late response. I apologize for any inconvenience caused.
90 Wood ST- make sure to have clearance to primary cable on York St according to our
standard D11111 (attached here)
For all new service or upgrade, please send a request to Enova for hydro connection.
Thanks,
Pui Ming Leung (she/her) I Design Technologist
Direct Number: 226-896-2200 (EXT 6205)
Mobile Number: 519-589-2659
puiming. leunaQenovapower.com
301 Victoria Street South, Kitchener, Ontario, N2G 4L2
enovapower.com
121
This correspondence is directed in confidence solely to the addressees listed above. It may
contain personal or confidential information and may not otherwise be distributed, copied or
used by the intended recipient. Ifyou are not the intended recipient, please delete the e-mail
and any attachments and notes the sender immediately. Click on the link to read the
additional disclaimer: https://enovapower.com/disclaimer
Page 261 of 297
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