HomeMy WebLinkAboutDSD-2025-059 - A 2025-006 - 19 Carlin Avenue
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18, 2025
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Adiva Saadat, Planner, 519-783-7658
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: February 7, 2025
REPORT NO.: DSD-2025-059
SUBJECT: Minor Variance Application A2025-006 19 Carlin Avenue
RECOMMENDATION:
That Minor Variance Application A2025-006 for 19 Carlin Avenue requesting relief
from the following sections of Zoning By-law 2019-051:
i) Section 4.14.4 to permit a deck to be located 2.3 metres from the rear lot
instead of the minimum required 4 metres; and
ii) Section 7.3, Table 7-2, to permit a rear yard setback of 4.4 metres instead of the
minimum required 7.5 metres;
to facilitate the development of 2 Additional Dwelling Units (ADU) (Attached) in the
existing Single Detached Dwelling generally in accordance with drawings prepared
by Vesselin Vassilev, dated January 6, 2025, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to permit the
development of 2 attached additional dwelling units with a reduced rear yard setback.
The key finding of this report is that the requested minor variance meets all four tests
of the Planning Act.
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
s website with the agenda in advance of the
Committee of Adjustment meeting.
This report supports the delivery of core services.
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Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The subject property is located on the north-eastside of Carlin Avenueand DixonStreet. It
is in the Rockwayneighbourhood which is primarily comprised of low-rise residential uses.
Figure 1: Location Map 19 Carlin Avenue(Outlined in Red)
Community AreasUrban Structure and is
Low Rise Residential
Low Rise Residential TwoZone (RES-2-law2019-
051.
The purpose of the application is to review minor variances to recognize the location of the
existing building and deckto permit the development of 2 attached Additional Dwelling
Units (ADU) (Attached) within the existing Single Detached Dwelling.
Under the previous Zoning By-law 85-1the front lot line for a corner lot could be either lot
line abutting a street. The single detached dwelling was constructed on the lot using Carlin
Avenue as the front lot line.
"Front Lot Line" means the lot line abutting a street with the following exceptions:
b)in the case of a corner lot containing or proposed to contain a single detached,
semi-detached or duplex dwelling, any lot line abutting a street except a lot line
forming part of a corner visibility triangle, may be deemed to be the front lot line,
only for the purpose of determining front, sideand rear yard requirements.
The area now considered the rear yard was classified as an interior side yard because the
front lot line was abutting the street Carlin Avenue.
However, under the current Zoning By-law 2019-051, the front lot line on a corner lot
cannot be either lot line and is instead defined as the shorter lot line abutting a street,
which is Dixon Street.
Lot Line, Front means the lot line abutting a street with the following exceptions:
a) in the case of a corner lot, the shorter lot line abutting a street, not including the lot
line forming part of a corner visibility triangle, shall be the front lot line. Where such
lot lines are of equal length, the City may deem any of the lot lines abutting a street
as the front lot line.
As a result, the lot line farthest and opposite to the front lot line is now considered the rear
lot line; therefore, the rear yard. This change has resulted in non-compliance with the rear
yard setback. Therefore, minor variances are being requested to address the revised
setback requirement to facilitate the conversion of the Single Detached Dwelling to a
Triplex use.
Variance for 2.3m deck
Variance for 4.4 m rear yard setback
Figure 2: Requested Variances Site Plan
st
Figure 3: Existing 1 Floor Plan
st
Figure 4: Proposed 1 Floor Plan
Figure 5: Existing Basement Floor Plan
Figure 6: Proposed Basement Floor Plan
Planning Staff conducted a site visit on January 30, 2025
Figure 7: Existing Site Conditions as of January 30, 2025
Figure 8: Rear Yard of the Property Under By-Law 2019-051
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
This designation emphasizes the importance of ensuring compatibility in building form with
regard to massing, scale, and design, to facilitate the successful integration of diverse
housing types while maintaining the low-density character of the neighbourhood. Policy
4.C.1.23 permit up to 3 additional dwelling units subject to meeting any other applicable
policies in the Plan and zoning regulations.
4.C.1.23. The City may permit up to three additional dwelling units, attached
and/or detached, on a lot which contains a single detached dwelling, a
semi-detached dwelling or a street-townhouse dwelling as the
principal use, unless otherwise limited by the policies of this Plan, and
in accordance with the City's Zoning By-law, in order to provide
additional housing options to Kitchener homeowners and residents.
The proposed use of the property will conform to the Official Plan. Staff is in opinion that
requested variances to be able to develop 2 Additional Dwelling Units (ADU)(Attached)
within the existing Single Detached Dwelling meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The general intent of the rear yard setback requirement is to ensure adequate spacing on
the property for open space and amenity area for the residents. The existing dwelling was
developed in accordance with Zoning By-law 85-1 and met all the required setbacks. The
existing rear yard setback of 4.4 metres will continue to function as an interior side yard
and provide sufficient separation between the properties for access and air circulation.
Additionally, the absence of windows on the left (north) side of the property prevents
overlook and maintains the privacy of the neighbouring properties. The property maintains
sufficient usable backyard space that was created under Zoning By-law 85-1. Therefore,
Staff are of the opinion that the proposed variances meets the general intent of the Zoning
By-law
Is/Are the Effects of the Variance(s) Minor?
The reduced setback is minor in nature as the proposed additional dwelling units will be
located within the existing structure with no exterior modifications which ensures any
changes remain invisible from the streetscape. The appearance will remain
compatible with adjacent viewpoints and visually consistent with its surroundings. Given
that the existing built form remains unchanged, the existing setbacks will not negatively
impact the neighbouring properties or the streetscape.
Is/Are the Variance(s) Desirable for The Appropriate Development or Use of the Land,
Building and/or Structure?
Planning staff is of the opinion that the variances are desirable for the appropriate
development of the lands. Recognizing the location of the existing building and deck will
allow for the construction of two additional dwelling units within the existing building and
Pledge.
Environmental Planning Comments:
No comments or concerns.
Heritage Planning Comments:
No comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for
the two attached additional dwelling units is obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No comments or concerns.
Parks and Cemeteries/Forestry Division Comments:
Advisory comment: There are three existing City-owned Street trees within the boulevards
on Carlin Avenue and Dixon Street and these trees should be protected to City standards
throughout construction as per Chapter 690 of the current Property Maintenance By-law.
Transportation Planning Comments:
No comments or concerns.
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
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
i
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
Official Plan (2014)
Zoning By-law 2019-051
January 27, 2024
Connie Owen
City of KitchenerFile No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting February 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 – 005 – 42 Hillcrest Lane - No Concerns
2) A 2025 – 006 – 19 Carlin Avenue - No Concerns
3) A 2025 – 007 – 864 King Street West - No Concerns
4) A 2025 – 008 – 1035 Ottawa Street North - No Concerns
5) A 2025 – 009 – 775 Queen Street South - No Concerns
6) A 2025 – 010 – 180 Ahrens Street West - No Concerns
7) A 2025 – 011 – 86 Florence Avenue (retained) - No Concerns
8) A 2025 – 012 – 86 Florence Avenue (severed) - No Concerns
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Document Number: 4880325
28935
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4880325
January 31, 2025via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting February 18, 2025
Applications for Minor Variance
A 2025-00619 Carlin Avenue
A 2025-007864 King Street West
A 2025-0081035 Ottawa Street North
A 2025-009775 Queen Street South
A2025-010180 Ahrens Street West
A 2025-01186 Florence Avenue
A 2025-01286 Florence Avenue
Applicationsfor Consent
B 2025-002685 Fischer Hallman Road
B 2025-003180 Ahrens Street West
B 2025-00486 Florence Avenue
B 2025-00586 Florence Avenue
Grand River Conservation Authority (GRCA) staff has 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 arenot subject to Ontario Regulation 41/24and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority