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:
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.
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.