committee of adjustment november 18, 2019 - …...committee of adjustment meeting #21 agenda...

Committee of Adjustment

November 18, 2019

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COMMITTEE OF ADJUSTMENT

MEETING #21 Meeting Date: November 18, 2019

TIME OF MEETING: 6:30 P.M.

PLACE OF MEETING: Room 247

2nd Floor

City Hall

AGENDA

DECLARATION OF INTEREST:

HEARING

NO. TIME FILE NO. 540-02- APPLICATION ADDRESS

1) 6:30 P.M. A-090/19 Re: 2136 Berwick Dr., Burlington

Ward 6 Pages 1 - 8

2) 6:30 P.M. A-094/19 Re: 612 Marley Rd., Burlington

Ward 1 Pages 9 - 16

3) 6:30 P.M. A-104/19 Re: 422 Seneca Ave., Burlington

Ward 2 Pages 17 - 25

OTHER BUSINESS: Correspondence

Items for Discussion Date of Next Meeting Approval of Minutes

Adjournment


MEETING #21 AGENDA NOVEMBER 18, 2019

Page 1

HEARING NO. 1 - 6:30 P.M.

File

540-02-A-090/19 APPLICANTS:

Richard and Tammy Templeton, 2136 Berwick Dr. Burlington, ON L7M 4B2

PROPERTY: 2136 Berwick Dr., PLAN M535 LOT 228 City of Burlington - Regional Municipality of Halton.

VARIANCES: 1. To permit a proposed accessory building partially located in a street side yard whereas Zoning By-law 2020 does not permit accessory buildings to be located in a street side yard.

2. To permit a 1.0 m south street side yard setback instead of the minimum required 7.5 m for a proposed accessory building partially located in the street side yard.



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STAFF REPORTS:

PLANNING AND BUILDING DEPARTMENT COMMENTS


There are no previous land division or minor variance applications on record for this property.

Date: August 7, 2019 Prepared By: Mariana Da Silva

Zoning

1) Background information: The subject property is zoned R3.2, low density residential, under Zoning By-Law 2020, as amended. The R3.2 zone requires, among other things, the following:

4.2 LOT COVERAGE

Table 2.4.3

Dwelling Type Dwelling with Attached

Garage

Dwelling without Attached

Garage

Two or more storeys 35% including accessory buildings 40% in R3.3 and R3.4 zones

27% plus 8% for accessory buildings 32% plus 8% in R3.3 and R3.4 zones

2.2 ACCESSORY BUILDINGS AND STRUCTURES AND UNITARY EQUIPMENT

2.2.1 The following regulations shall apply to buildings and structures, when accessory to detached, semi-detached, duplex, triplex, fourplex or street townhouse dwellings:

(b) Regulations for Accessory Building greater than 10 m2 in floor area and/or greater than 2.5 m in height:

(i) Not permitted in a front yard, street side yard or required side yard.

(ii) Permitted in a rear yard subject to the following:

• Setback from a rear lot line: 1.2 m

• Setback from a side lot line: 1.2 m

• Setback from a street side yard: 7.5 m

• Maximum roof overhang encroachment: 0.5 m

• Maximum floor area: 50 m2

• Maximum one storey



Page 3

• Maximum height (peaked roof): 4.6 m

• Maximum height (flat roof): 3.5 m

2) Proposal: The applicant is proposing the construction of a 23.9 m2 Accessory Building on a lot with an existing two storey detached dwelling.

3) Variances required:

1. To permit a proposed accessory building partially located in a street side yard whereas Zoning By-law 2020 does not permit accessory buildings to be located in a street side yard.


4) Notes and conditions: Condition:

1. A zoning clearance certificate is required for the proposed Accessory Building.

Note:

1. The variances identified are based on the plans provided. Any changes to the plans resulting in additional variances will be the responsibility of the applicant to obtain.

Date: October 21, 2019 Prepared By: S. Boich

Site Planning

As a corner lot, staff notes that the front yard is deemed as the shorter lot line that abuts a street and the longer lot line that abuts a street shall be deemed as a side lot line abutting a street. In this case, the technical and functional front lot line abuts Berwick Drive. The subject property is located on the corner of Berwick Drive and Country Club Drive in the Rose Planning Community. The subject property currently supports a single detached two-storey dwelling, a covered front porch and an inground pool. The applicant is proposing the construction of a 23.9 m2 accessory building. The following variances are required to facilitate the proposed development:



Page 4



1) Official Plan Designation:

Does the proposed minor variance from the Zoning By-law maintain the general

intent and purpose of the Official Plan?

Yes The subject property is designated as “Residential – Low Density” in the City’s Official Plan (OP). This designation permits single-detached dwellings with a density of up to 25 units per net hectare. The Official Plan requires new development to be compatible with the surrounding area. Part II, Section 6.5 a) of the Official Plan states that “The density, form, bulk, height, setbacks, spacing and materials of development are to be compatible with its surrounding area”. Since the subject property is a corner lot, potential impacts to the streetscape need to be considered with respect to the front and street side lot line. The proposed accessory building will be located approximately 22m from the front lot line coupled with a boarded fence between it and Berwick Drive. The boarded fence coupled with the spatial separation establishes a visual buffer for Berwick Drive’s streetscape experience. The proposed accessory building is approximately 3.4m in height and is also accompanied by a boarded fence along the street side lot line. While the proposed accessory building will be slightly visible above the fence, the boarded fence creates a visual buffer mitigating potential impacts of massing to Country Club Drive’s streetscape experience. The proposed accessory building supports an angled roof comprised of asphalt shingles, similar to the existing dwelling. Staff opines that supporting a similar design to the existing dwelling will help mitigate potential impacts of massing and compatibility to the surrounding streetscapes. Since the accessory building is proposed to be located in the eastern corner, it does not abut any residential properties and thus staff does not anticipate it to pose any adverse effects to adjacent properties with respect to massing, overbuilding or privacy. Given the above, staff is of the opinion that the proposed variances maintain the general intent and purpose of the City’s Official Plan.



Page 5

2) Zoning By-law Designation:


intent and purpose of the Zoning By-law?

Yes The subject property is zoned as R3.2, low density residential, under the City’s Zoning By-Law 2020, as amended. The applicant requires a variance to permit an accessory building partially located in a street side yard with a setback of 1.0m instead of the minimum required 7.5m. Part 1, section 2.2(b)(i) of the Zoning By-Law does not permit accessory buildings greater than 10 sq. m. in floor area to be located within the required side yard, which would be abutting the side wall of a dwelling. The intent of this regulation is to prevent adverse effects from overbuilding and massing to the subject property, adjacent properties, and the surrounding streetscape. Zoning staff interpret the term ‘street side yard’ as the portion of yard that abuts a street and the side wall of a dwelling. Anything located beyond the nearest rear wall of a dwelling is considered rear yard. In this regard, approximately 3m of the proposed accessory building encroaches into the street side yard and the remaining 3.7m is located within the rear yard. The proposed development consists of an enclosed shed with an attached gazebo/shade structure which opens towards the existing pool in the rear yard. Although only half of the proposed development is enclosed like a building, since the gazebo is proposed to be attached to the shed, the entire design is considered an accessory building and contributes to the total floor area. Staff notes that the shed portion of the proposed development is approximately 9.30 sq. m. in size, which is permitted in a street side yard. However, an accessory building of any size would still be subject to the 7.5m street side yard setback. Staff recognizes that a similar accessory building could be proposed in the western corner of the subject property and be permitted/comply with zoning provisions; However, staff is of the opinion that, as proposed, the accessory building’s location makes the most effective use of the site’s configuration. The southern and western corners of the site currently provide rear yard amenity space, in the form of green space and landscaped pool side leisure space. Functionally, the eastern corner would not serve as effectively with respect to outdoor amenity space. In this regard, the proposed accessory building’s location maintains functional rear yard amenity space for the property owners. As previously outlined, since the accessory building is located in the eastern corner of the site it does not abut any residential properties. In this regard, staff do not anticipate the proposed development to pose adverse effects to adjacent properties with respect



Page 6

to massing, overbuilding or privacy. Although the proposed accessory building does not abut any residential properties, it does abut two streetscapes. Its impact on both Berwick Drive and Country Club Drive was considered by staff. As previously outlined, visual impacts to Country Club Drive will be mitigated by the boarded fence. With respect to the Berwick Drive streetscape experience, visual impacts will be mitigated by the boarded fence coupled with the spatial separation from the front lot line. Given the above, the proposed development is situated and designed in a way that prevents adverse effects from overbuilding and massing to the subject property, adjacent properties, and the surrounding streetscape. As such, staff is of the opinion that the proposed accessory building maintains the general intent and purpose of the City’s Zoning By-Law.

3) Desirability:

Is the proposed minor variance from the Zoning By-law desirable for the

appropriate development or use of the land, building or structure?

Yes If approved, the proposed accessory building provides additional storage space while simultaneously utilizing the most effective layout of the site and providing rear yard amenity space for the property owners. Staff is of the opinion that no adverse impacts would result on the subject property, adjacent properties or the streetscape, and thus is considered desirable.

4) Minor in Nature:

Is the proposed minor variance from the Zoning By-law considered minor in

nature?

Yes The proposed development is not anticipated to negatively impact the subject property, adjacent properties, or the surrounding streetscape. The proposed accessory building is supported by a large front yard setback and a boarded fence, which helps mitigate any potential impact of massing or overbuilding onto the surrounding streetscapes. While a similar accessory building could be located in the western corner of the property, staff opines that this is the most effective use of the lot configuration. Given these factors, staff is of the opinion that the proposed variance is considered minor in nature.

Cumulative Effects of Multiple Variances and Other Planning Matters: Taken individually or collectively, the variances are within the scope of a minor variance application.



Page 7

Recommendation: Staff has reviewed the proposed variances in accordance with the Planning Act, the policies of the Official Plan and the requirements of the Zoning By-law and has no objection. Date: November 4, 2019 Prepared By: Taylor MacDonald-Plummer

Site Engineering This is a corner lot with Country Club Dr. and both actual road widths are equal to or greater than both deemed road widths (20m respectively) No road widenings required. Date: August 15, 2019 Prepared By: A. Capone Site Engineering has reviewed the proposed minor variances and has no objection. The applicant shall obtain a Grading and Drainage Certificate as well as a Tree Permit prior to Building permit. Date: October 24, 2019 Prepared By: A. Capone

Building

1. A Building Permit is required for all building construction; 2. Permit application drawings are to be prepared by a qualified designer as per

Div. C., Section 3.2 - Qualifications of Designers and OBC 2012. Date: November 5, 2019 Prepared By: Kathy Pavlou

Transportation Planning

Transportation Services has no concerns with this Minor Variance Application. Date: October 22, 2019 Prepared By: Trevor Clark

Finance

Notice regarding Development Charges: The owner, its successors and assigns, are hereby notified that City Development Charges may be payable in accordance with the applicable By-law 72-2004, as may be amended, upon issuance of a building permit, at the rate in effect on the date issued. For further information, the owner is advised to contact the City Building Department (905) 335-7731.



Page 8

Tax Pay all property taxes owing. The taxes owing includes any outstanding balances plus current year taxes that have been billed to the satisfaction of the Director of Finance. Local improvements must be commuted.

Date: October 23, 2019 Prepared By: L. Bray

COPYRIGHT ACT APPLIES TO USE AND REPRODUCTION

(905) 335-7629

(905) 335-7880

[email protected]

FILE NO. 540-02-A-090/19

Committee of Adjustment November 4, 2019

NOTICE OF PUBLIC HEARING Richard and Tammy Templeton, the owners of 2136 Berwick Dr. Burlington have applied to the Committee of Adjustment for Permission to the requirements of Zoning By-law 2020, as amended. The property in question is 2136 Berwick Dr. Burlington (see attached key map). The applicant proposes to construct an accessory building on a lot with an existing two storey detached dwelling. This proposal results in the following permission from the provision(s) of the zoning by-law:



You have received this notice as your property is within 60 metres of the property noted above. The Committee of Adjustment will meet on MONDAY NOVEMBER 18, 2019, at City Hall Room 247, 2nd Floor, to consider the above application under Section 45 of the Planning Act, 1990, as amended. This application is scheduled to be heard at 6:30 P.M. You may attend the meeting and/or submit written comments (email or letter) to the Committee. If you are submitting comments in advance of the meeting please attempt to submit them by the Thursday Prior to the Hearing Date, so that they can be given to Committee Members in advance of the meeting. Please email or your send letter to the undersigned. A copy of the Agenda, containing staff reports, can be obtained from the Committee of Adjustment, 2nd Floor, City Hall, on or after MONDAY NOVEMBER 11, 2019, between 8:30 a.m. and 4:30 p.m. If you wish to be notified of the decision of the Committee of Adjustment in respect to this application, you must submit a written request to the Secretary-Treasurer of the Committee of Adjustment. This will also entitle you to be advised of a possible Local Planning Appeal Tribunal Hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Local Planning Appeal Tribunal by the applicant or another member of the public. The applicant is advised that it is mandatory that either the applicant or an authorized agent of the applicant must be present at the hearing. For comment submissions for this application or to request more information about this matter, please contact Committee of Adjustment at [email protected] or visit the City of Burlington Planning Department, 426 Brant Street Burlington ON L7R 3Z6.

Yours truly, Amanda D’Angelo Amanda D’Angelo Secretary-Treasurer Committee of Adjustment

Personal information including comments and public feedback, is collected under the legal authority of the Planning Act, R.S.O. 1990, Chapter c.

P.13, as amended, and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, as amended, which will be used to

process the application and in the decision making process and becomes the property of the City of Burlington, and is considered to be a public

record and will be disclosed to any individual (including being posted on the internet) upon request. Questions about this collection should be

directed to the Secretary-Treasurer, Burlington Committee of Adjustment, City Building, 426 Brant Street, P.O. Box 5013, Burlington, Ontario;

L7R 3Z6 (905) 335-7629.

Key Map



Page 9


File


Zsuzsanna Pa and Joshua Sparks, 612 Marley Rd. Burlington, ON L7T 3R7

PROPERTY: 612 Marley Rd., PLAN 1409 LOT 4 PLAN 1302(W) PT RESERVE A City of Burlington - Regional Municipality of Halton.

VARIANCES: 1. To permit a 2.7 m rear yard setback instead of the minimum required 4.5 m for the proposed additions to the existing detached dwelling on a corner lot.

2. To permit a 21 m dwelling depth instead of the maximum permitted 18 m for the proposed additions to the existing detached dwelling.

3. To permit a 4.7m driveway length instead of the minimum required 6 m to accommodate the proposed attached garage addition to the existing detached dwelling.



Page 10

STAFF REPORTS:




Date: August 16, 2019 Prepared By: Mariana Da Silva

Zoning

1) Background information: The subject property is zoned R2.1, low density residential and is in the designated area for lot coverage, under Zoning By-Law 2020, as amended. The R2.1 zone requires, among other things, the following:

4.1 LOT WIDTH, AREA, YARDS

Table 2.4.1

Zone Lot Width Lot Area Front

Yard

Rear Yard Side Yard Street

Side Yard

R2.1 18 m 700 m2 11 m (e)(f) 10 m (c) (a)(d) 4.5 m

Footnotes to Table 2.4.1

(a) With attached garage or carport: 10% of actual lot width

(c) On a corner lot the rear yard may be 4.5 m

4.6 DWELLING DEPTH

(a) Maximum depth of a dwelling shall be 18m measured from building wall closest to front lot line to building wall closest to rear lot line.

2.24 DRIVEWAY WIDTHS AND LANDSCAPED OPEN SPACE AREA (Part 1)

3) Unless otherwise specified in this by-law, driveways shall be a minimum of 6 m in length.



Page 11

2) Proposal: The applicant is proposing the construction of a new attached garage and second storey addition.


1. To permit a 2.7 m rear yard setback instead of the minimum required 4.5 m for the proposed additions to the existing detached dwelling on a corner lot.



4) Notes and conditions: Condition:

1. A zoning clearance certificate is required for the proposed additions. Notes:

1. The variances identified are based on the plans provided. Any changes to the plans resulting in additional variances will be the responsibility of the applicant to obtain.

2. For the purposes of zoning review, the shorter lot line adjacent to Marley Road (property line length of 15.54m) is deemed to be the front lot line.

Date: October 18, 2019 Prepared By: Danielle Beck, CPT

Site Planning

As a corner lot, staff notes that the front yard is deemed as the shorter lot line that abuts a street, and the longer lot line that abuts a street shall be deemed as a side lot line abutting a street. In this case, the property’s eastern edge acts as the technical front lot line and the western edge as the technical rear lot line. The subject property is located on the south side of Marley Road, between King Road and Sunset Road in the La Salle Planning Community. The subject property currently supports a one-storey side split dwelling with an attached garage, front covered porch and uncovered rear deck. The applicant is proposing the construction of a new attached garage and second storey addition. The following variances are required to facilitate the proposed development:



Page 12







Yes The subject property is designated as “Residential – Low Density” in the City’s Official Plan (OP). This designation permits single-detached dwellings with a density of up to 25 units per net hectare. The proposed residential use is therefore permitted. The subject property is also located in an established neighbourhood and within the designated lot coverage area. These designations direct new development to be compatible with the surrounding neighbourhood in scale, urban design and community features. The Official Plan requires new development to be compatible with the surrounding area. Part II, Section 6.5 a) of the Official Plan states that “The density, form, bulk, height, setbacks, spacing and materials of development are to be compatible with its surrounding area”. The applicant proposes three variances needed to construct a new attached garage and second storey addition on the subject property. Specifically, the proposed development will require a reduced rear yard setback, a reduced drive way length and an increased dwelling depth. Staff notes that the subject property is a corner lot with an irregular configuration. In this case, the technical rear yard acts functionally as the side yard, the north side yard acts functionally as the front yard and the existing dwelling is positioned on an angle. While the proposed garage encroaches closer to the adjacent property to the west, there are no proposed windows along the western exterior wall. In this regard, staff do not anticipate any adverse effects to the adjacent property with respect to privacy. Negative impacts regarding massing or spatial separation are also not anticipated given the subject dwelling is situated on an angle facing away from the adjacent dwelling to the west. Staff opines that the massing of the second storey addition is modest, particularly as the western half of the dwelling is to remain as one-storey. Staff is of the opinion that the proposed development would also not preclude compatibility with its surroundings. Since the subject property is on a corner lot and the townhouse complex across the street backs onto Marley Road, the immediately surrounding streetscape is largely comprised of open green space and boarded fences. The proposed development maintains the ample open green space provided on the



Page 13

eastern portion of the subject property, as it only encroaches closer to the western lot line. With respect to the reduced parking, the applicant has demonstrated that the proposed driveway can support one parking space wholly contained within the property limits. Staff view this variance as technical in nature resulting from the irregular lot configuration and does not anticipate it to impact compatibility with surrounding properties. Given the above, staff is of the opinion that the proposed development maintains the general intent and purpose of the City’s Official Plan.




Yes

The subject property is zoned as R2.1, low density residential, and is within the designated area for lot coverage under the City’s Zoning By-Law 2020, as amended. A variance is required to permit a dwelling depth of 21 m instead of the maximum permitted 18 m. The maximum depth regulation provides enhanced control over the massing and built form of dwellings to improve overall compatibility. The intent of this regulation is to control the siting of houses beyond setbacks and coverage limits, especially on larger lots where setbacks and coverage requirements permit very large buildable areas on properties. The depth limit restricts the construction of houses that could pose very long side walls facing the side yards of adjacent properties where it is not appropriate to do so. This is not only a visual impact but also a massing impact, as mass is extended into rear yard areas where the openness of adjacent rear yards could be negatively impacted. Ideally, houses should relate to development on adjacent lots, especially with regards to the alignment and the extension of side walls. Since the subject dwelling is situated on an angle, the dwelling depth is measured diagonally from the eastern corner to the western. While this measures 21m, the actual length of the proposed dwelling measured from the exterior sidewalls is approximately 18.5m. Staff recognizes that 18.5m is still above the maximum permitted 18m dwelling depth; however, staff do not anticipate it to pose adverse effects to the surrounding streetscape or properties. The increased length maintains the open green space provided on the eastern portion of the property, as it only encroaches closer to the western lot line. This helps mitigate any impact of massing or overbuilding to the surrounding streetscape. Since the dwelling is oriented on an angle and ahead of the adjacent dwellings, they will not immediately abut any long exterior walls. The applicant also requires a variance to permit a rear yard setback of 2.7m, whereas the Zoning By-Law requires a minimum 4.5m. The intent of this regulation is to ensure that structures do not encroach substantially into rear yards where that space is



Page 14

normally reserved as a spatial separation between houses and as an outdoor amenity area. As a corner lot, the technical rear yard functions as a side yard. If the northern lot line was considered the technical front lot line, the property’s frontage would be 25.05m and the required side yard setback would be 2.5m (10% of 25.05m). In this sense, the proposed development would comply, and staff opines that the proposed rear yard setback maintains the intention of the Zoning By-Law. Since the proposed development encroaches closer to the northern and western lot line, adequate rear yard space is maintained to the south. Nonetheless, staff carefully evaluated the potential impact to adjacent properties. While the proposed garage encroaches closer to the adjacent property to the west, there are no windows proposed along the western exterior wall and it is angled away from the adjacent dwelling. Given the above, staff do not anticipate any adverse effects to the adjacent property to the west. The applicant also requires a variance to permit a driveway length of 4.7m opposed to the minimum permitted 6m. The intention of this regulation is to ensure that adequately sized parking spaces can be provided on the property. This further ensures that the property can provide the minimum number of parking spaces required to be supported on the site. Since the driveway supports an irregular shape (more of a trapezoid than a rectangle), the driveway length is measured by the nearest straight-line distance to the street. In this case, that is 4.7m along the western edge, whereas the eastern edge measures approximately 6.56m. Staff views this variance as technical in nature as it is required to address the irregular driveway shape/configuration. The applicant has demonstrated that the proposed driveway can support one parking space wholly contained within the property limits and one within the proposed garage. Therefore, staff supports the proposed driveway length and configuration. Given the above, staff is of the opinion that the proposed variances maintain the general intent and purpose of the City’s Zoning By-Law.

3) Desirability:



Yes If approved, the proposed development would result in additional living space within the dwelling for the property owners and functional space within the garage. The irregular lot configuration and dwelling orientation makes it challenging for any proposed development on the subject property to conform with the zoning provisions. The applicant has worked with staff to mitigate any potential adverse effects to the greatest extent possible. The subject dwelling is angled away from the adjacent dwellings, maintains ample open green space in the functional front yard, and provides adequate rear yard amenity space.



Page 15

Staff is of the opinion that the proposed variances are desirable for the subject property and surrounding area.

4) Minor in Nature:


nature?

Yes As a corner lot, the irregular lot configuration and dwelling positioning makes it challenging for any proposed development on the subject property to conform with the zoning provisions. Despite the challenges, staff is of the opinion that the proposed variances maintain the general intent and purpose of the Zoning By-Law and does not preclude compatibility with its surroundings. As such, staff is of the opinion that the proposed variances are considered minor in nature.

Cumulative Effects of Multiple Variances and Other Planning Matters: The cumulative effects of the proposed variances would not result in negative impacts in the opinion of staff.

Recommendation: Staff has reviewed the proposed variances in accordance with the Planning Act, the policies of the Official Plan and the requirements of the Zoning By-law and has no objection. Date: November 1, 2019 Prepared By: Taylor MacDonald-Plummer

Site Engineering Actual road width is equal to or greater than deemed road width (20m). No road widening required. Date: August 16, 2019 Prepared By: A. Capone Site Engineering has reviewed the proposed minor variances and (based on the proposal not encroaching on any existing easements as well as the new driveway length to the back of sidewalk measures out to 5.7 metres which is still suitable for a mid-sized vehicle) has no objection. A Grading and Drainage Certificate as well as a Tree Permit will be required prior to Building Permit. Date: October 25, 2019 Prepared By: A. Capone



Page 16

Building


Div. C., Section 3.2 - Qualifications of Designers and OBC 2012. Date: November 4, 2019 Prepared By: Kathy Pavlou


Transportation Services has no concerns with this Minor Variance Application. Between the driveway and the proposed garage, there is sufficient parking on the site. Date: October 21, 2019 Prepared By: Trevor Clark

Finance



Date: October 21, 2019 Prepared By: L. Bray

COPYRIGHT ACT APPLIES TO USE AND REPRODUCTION

(905) 335-7629

(905) 335-7880

[email protected]

FILE NO. 540-02-A-094/19


NOTICE OF PUBLIC HEARING Zsuzsanna Pal and Joshua Sparks, the owners of 612 Marley Rd. Burlington have applied to the Committee of Adjustment for Permission to the requirements of Zoning By-law 2020, as amended. The property in question is 612 Marley Rd. Burlington (see attached key map). The applicant proposes to construct a new attached garage and second storey addition. This proposal results in the following permission from the provision(s) of the zoning by-law:




You have received this notice as your property is within 60 metres of the property noted above. The Committee of Adjustment will meet on MONDAY NOVEMBER 18, 2019, at City Hall Room 247, 2nd Floor, to consider the above application under Section 45 of the Planning Act, 1990, as amended. This application is scheduled to be heard at 6:30 P.M. You may attend the meeting and/or submit written comments (email or letter) to the Committee. If you are submitting comments in advance of the meeting please attempt to submit them by the Thursday Prior to the Hearing Date, so that they can be given to Committee Members in advance of the meeting. Please email or your send letter to the undersigned. A copy of the Agenda, containing staff reports, can be obtained from the Committee of Adjustment, 2nd Floor, City Hall, on or after MONDAY NOVEMBER 11, 2019, between 8:30 a.m. and 4:30 p.m. If you wish to be notified of the decision of the Committee of Adjustment in respect to this application, you must submit a written request to the Secretary-Treasurer of the Committee of Adjustment. This will also entitle you to be advised of a possible Local Planning Appeal Tribunal Hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Local Planning Appeal Tribunal by the applicant or another member of the public. The applicant is advised that it is mandatory that either the applicant or an authorized agent of the applicant must be present at the hearing. For comment submissions for this application or to request more information about this matter, please contact Committee of Adjustment at [email protected] or visit the City of Burlington Planning Department, 426 Brant Street Burlington ON L7R 3Z6.


Personal information including comments and public feedback, is collected under the legal authority of the Planning Act, R.S.O. 1990, Chapter

c. P.13, as amended, and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, as amended, which will be used

to process the application and in the decision making process and becomes the property of the City of Burlington, and is considered to be a

public record and will be disclosed to any individual (including being posted on the internet) upon request. Questions about this collection

should be directed to the Secretary-Treasurer, Burlington Committee of Adjustment, City Building, 426 Brant Street, P.O. Box 5013,

Burlington, Ontario; L7R 3Z6 (905) 335-7629.

Key Map



Page 17


File


Michael and Kelli Dupuis, 422 Seneca Ave. Burlington, ON L7R 3A2

PROPERTY: 422 Seneca Ave., PLAN 145 LOT 38 City of Burlington - Regional Municipality of Halton.

VARIANCES: 1. To permit a setback of 0.6 m from the side lot line instead of the minimum required 1.2 m for a proposed accessory building (garage) located in a rear yard.

2. To permit 11.2% lot coverage instead of the maximum permitted 8% for a proposed accessory building (garage) and existing accessory building (shed).

3. To permit a 2.79 m north side yard setback instead of the minimum required 3 m for a proposed 1 storey rear addition.

4. To permit a 0.8 m south side yard setback instead of the minimum required 1.8 m for a proposed 1 storey rear addition.

5. To permit an existing porch setback 3.9m from the front lot line instead of the minimum required 5.35m.



Page 18

STAFF REPORTS:




Date: September 16, 2019 Prepared By: Mariana Da Silva

Zoning

1) Background information:

The subject property is zoned R3.2 (low density residential) and is in the designated area for lot coverage under Zoning By-Law 2020, as amended. The R3.2 zone requires, among other things, the following:

4.1 LOT WIDTH, AREA, YARDS

Table 2.4.1

Zone Lot Width Lot Area Front

Yard

Rear Yard Side Yard Street

Side Yard

R3.2 15 m 425 m2 6 m 9 m (c) (b) 4.5 m


(b) Without attached garage or carport:

(i) One or one and a half storey side: 1.2 m, 3 m other side (ii) Two or more storey side 1.8 m, 3 m other side

With attached garage or carport:

(i) One or one and a half storey side: 1.2 m (ii) Two or more storey side: 1.8 m

(c) On a corner lot the rear yard may be 4.5 m



Page 19

4.2 LOT COVERAGE

Table 2.4.3

Dwelling Type Dwelling without Attached Garage

All Dwellings in Designated

Areas (b) (c)

22% for one and a half storey dwellings plus 8% for accessory buildings

Footnotes to Table 2.4.3 (a) One accessory building less than 10 m2 and less than 2.5 m in height shall be

exempt from the lot coverage requirements of Table 2.4.3. (b) Designated Areas are shaded on ZONING MAPS in Part 15. (c) Properties with a front or street side yard abutting Lakeshore Road or North

Shore Boulevard and all properties south of Lakeshore Road and North Shore Boulevard shall be exempt from the designated area regulation. For through lots, the front building elevation shall determine the front of the lot for the purposes of this regulation.

2.2 ACCESSORY BUILDINGS AND STRUCTURES AND UNITARY EQUIPMENT

2.2.1 The following regulations shall apply to buildings and structures, when accessory to detached, semi-detached, duplex, triplex, fourplex or street townhouse dwellings:

(b) Regulations for Accessory Building greater than 10 m2 in floor area and/or

greater than 2.5 m in height: (i) Not permitted in a front yard, street side yard or required side yard.

(ii) Permitted in a rear yard subject to the following:

• Setback from a rear lot line: 1.2 m

• Setback from a side lot line: 1.2 m

• Setback from a street side yard: 7.5 m

• Maximum roof overhang encroachment from a wall:0.5 m

• Maximum floor area: 50 m2

• Maximum one storey

• Maximum height (peaked roof): 4.6 m

• Maximum height (flat roof): 3.5 m



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2.3 PATIOS, DECKS, BALCONIES, AND PORCHES – RESIDENTIAL 2.3.1 Patios, as defined in Part 16, are permitted in all zones.

(a) Patio roofs shall be subject to the yard and setback regulations contained in

Tables 1.2.1 and 1.2.2

Table 1.2.1


(a) Total combined area of all platforms over 1.2 m high (excluding stairs)

(b) Where a side lot line extends from a common wall dividing attached dwelling

units the setback shall not apply.

(c) Coverage means the surface area of a yard which may be covered by decks.

2) Proposal:

The applicant is proposing the construction of a 1 storey rear addition along with a new accessory building (garage) in the rear yard. The property contains an existing porch in the front yard.


1. To permit a setback of 0.6 m from the side lot line instead of the minimum required 1.2 m for a proposed accessory building (garage) located in a rear yard.

Regulations for Decks associated with Detached, Semi-Detached, Duplex, Triplex,

Fourplex, and Street Townhouse Dwelling Units

Regulation

Deck Requirements

Over 60 cm to

1.2 m High

Over 1.2 m High

Up to 15 m2 Over 15 m2

Maximum Deck Area (a) no maximum 15 m2 30 m2

Permitted in a Front Yard no no no

Permitted in a Rear Yard yes yes yes

Permitted in a Side Yard yes yes yes

Setback from a Street Line 3 m 4.5 m 6 m

Setback from a Rear Lot Line 1.8 m 4.5 m 6 m

Setback from a Side Lot Line 1.2 m (b) 1.8 m (b) 3 m

Maximum coverage (c) 50% of the yard area in which decks are located



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4) Notes and Conditions: Condition:

1. A zoning clearance certificate is required for the proposed addition and proposed detached garage.

Note:

1. The existing 1 ½ storey dwelling is assessed as being constructed in 1949 and is therefore considered legal non-conforming with regards to setbacks in both side yards.

Date: October 8, 2019 Prepared By: Nathan Dart

Site Planning




Yes The subject lands are designated “Residential – Low Density” within the City’s Official Plan. The site currently supports a single detached dwelling with a detached garage and accessory building, which are permitted within this designation. The Official Plan seeks to ensure that low-density residential development is compatible with its surroundings, and to create a streetscape that is consistent and attractive. Part II, Subsection 6.5 a) states that “the density, form, bulk, height, setbacks, spacing and materials of development are to be compatible with its surrounding area”. The applicant is proposing to add a rear addition to the existing single detached dwelling. The proposal also includes a new detached garage, which would be slightly larger than the existing, and the relocation of an existing accessory building (shed) to



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the southwest corner of the site. The addition takes place entirely at the rear of the existing dwelling, and the front of the proposed detached garage would be located slightly further back than the existing detached garage location. As such, the only change to the streetscape would be the relocation of the detached garage to be further back on the property. The existing front porch has a deficient front yard setback. Staff are of the opinion that front porches are an important element of an attractive streetscape and therefore, the variance to recognize the existing porch is appropriate. The subject property abuts low-density residential uses on either side and to the rear. The dwellings are located consistent distances from one another, and the side yard setbacks are not proposed to change. The dwellings on either side of the subject lands are quite deep, and the proposed building addition would create consistent depth and massing. The detached garage is set back 9.68 metres from the rear property line; which is the same as the existing rear yard setback. While the proposed lot coverage is slightly higher than the permitted; staff are satisfied that the coverage is distributed across the site in a way that allows for an adequate front yard setback, a large rear yard and consistent and appropriate spacing between dwellings. Staff are of the opinion that the proposed minor variances are in keeping with the general intent and purpose of the Official Plan.




Yes The general intent of the Zoning By-law as it relates to side yard setbacks is to allow for consistent spacing between dwellings in order to protect things such as the streetscape and privacy impacts for adjacent properties. In the case of the subject property and surrounding area, the dwellings have existing spacing that is generally consistent with each other. The proposed addition and detached garage will maintain existing setbacks and therefore have no impact on existing spacing. The dwellings on either side of the subject lands have a larger depth; therefore, the rear addition would bring the existing dwelling in line with these adjacent developments. The addition has only one window on the north side and no windows on the south side (both of which are adjacent to residential properties) and are not anticipated to cause privacy concerns.



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An existing accessory building is currently located behind the existing garage. It is proposed to be moved to the southwest corner of the property and the detached garage is proposed to be in the same location, but larger. Because of the relocation of the existing shed, the larger detached garage maintains the same rear yard setback of 9.68 metres; thereby mitigating impacts on the property to the rear. As previously noted, with respect to lot coverage, the proposed size of the dwelling is similar to those in the surrounding area. The proposed garage expansion will not be significantly different from what exists and the shed would be relocated to the rear corner of the property, thereby leaving adequate green and amenity space. A variance for the front porch is proposed to recognize an existing deficient setback. Staff are of the opinion that the front porch is an enhancement to the front façade of the dwelling and therefore have no concern with the proposed variance. The proposed variances for side yard setbacks for both the detached garage and the dwelling addition are extensions of existing setbacks and promote compatible development. Staff are of the opinion that the applicant is accommodating an increase in the size of their dwelling while minimizing the impact of such increase, and that the intent of the Zoning By-law is met.

3) Desirability:



Yes In the opinion of staff, the proposal adequately increases the floor area of the dwelling and detached garage without exacerbating existing setbacks, affecting the streetscape or negatively impacting the surrounding area. Staff are of the opinion that the proposed minor variances are desirable for the appropriate development or use of the land.

4) Minor in Nature:


nature?

Yes Although the applicant is requesting reduced setbacks, the requested setbacks are extensions of existing setbacks. Apart from the relocation of the shed (which does not require minor variances), the proposed development will not be located any closer to the property lines than what is existing. The only exception is the rear addition of the dwelling; however, it will be located more than 20 metres from the rear property line, and no negative impacts on the property to the rear are expected.



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Staff are of the opinion that the proposed minor variances are minor in nature.

Cumulative Effects of Multiple Variances and Other Planning Matters: While an increase in lot coverage is proposed in addition to setback reductions, staff have reviewed the proposed minor variances cumulatively and note that the distribution and location of the existing structures and their respective additions are appropriate for the property.

Recommendation: Staff has reviewed the proposed variance in accordance with the Planning Act, the policies of the Official Plan and the requirements of the Zoning By-law and has no objection. Date: October 23, 2019 Prepared By: Melissa Morgan, MCIP RPP

Site Engineering Actual road width is +/- 17.6m and deemed road width is 18m. A +/- 0.4m road widening is required, however, it will be taken from the east side when appropriate. Therefore, no proposed road widening required on this side. The above shall be confirmed by an OLS. Date: September 17, 2019 Prepared By: A. Capone

Site Engineering has reviewed the proposed minor variance application and although grading and drainage plans were not submitted in support of the request to increase lot coverage and to reduce the side yard setbacks and with known drainage issues throughout this neighbourhood, it is staff’s opinion that a grading and drainage plan conforming to By-law 52-2018 should be submitted as a condition of approval.

Carryout the following to the satisfaction of the Coordinator of Site Engineering: Submit a Grading and Drainage Plan that conforms to By-law 52-2018 and that meets the criteria for the issuance of a Grading and Drainage Certificate. Additionally, the applicant shall obtain a Tree Permit prior to Building Permit. Date: November 7, 2019 Prepared By: A. Capone



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Building


Div. C., Section 3.2 - Qualifications of Designers and OBC 2012. NOTE: Spatial Separation to comply to OBC 9.10.14. No unprotected openings are permitted where limiting distance is less than 1.2m. Date: October 29, 2019 Prepared By: Kathy Pavlou


Transportation Services has no concerns with this Minor Variance Application. Date: October 16, 2019 Prepared By: Trevor Clark

Finance



Date: Oct 15, 2019 Prepared By: L. Bray

COPYRIGHT

ACT APPLIE

S TO U

SE AND R

EPRODUCTION

(905) 335-7629

(905) 335-7880

[email protected]

FILE NO. 540-02-A-104/19


NOTICE OF PUBLIC HEARING Michael and Kelli Dupuis, the owners of 422 Seneca Ave. Burlington have applied to the Committee of Adjustment for Permission to the requirements of Zoning By-law 2020, as amended. The property in question is 422 Seneca Ave. Burlington (see attached key map). The applicant proposes to construct a 1 storey rear addition along with a new accessory building (garage) in the rear yard. The property contains an existing porch in the front yard. This proposal results in the following permission from the provision(s) of the zoning by-law:

1. To permit a setback of 0.6 m from the side lot line instead of the minimum required 1.2 m for a proposed accessory building (garage) located in a rear yard.





You have received this notice as your property is within 60 metres of the property noted above. The Committee of Adjustment will meet on MONDAY NOVEMBER 18, 2019, at City Hall Room 247, 2nd Floor, to consider the above application under Section 45 of the Planning Act, 1990, as amended. This application is scheduled to be heard at 6:30 P.M. You may attend the meeting and/or submit written comments (email or letter) to the Committee. If you are submitting comments in advance of the meeting please attempt to submit them by the Thursday Prior to the Hearing Date, so that they can be given to Committee Members in advance of the meeting. Please email or your send letter to the undersigned. A copy of the Agenda, containing staff reports, can be obtained from the Committee of Adjustment, 2nd Floor, City Hall, on or after MONDAY NOVEMBER 11, 2019, between 8:30 a.m. and 4:30 p.m. If you wish to be notified of the decision of the Committee of Adjustment in respect to this application, you must submit a written request to the Secretary-Treasurer of the Committee of Adjustment. This will also entitle you to be advised of a possible Local Planning Appeal Tribunal Hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Local Planning Appeal Tribunal by the applicant or another member of the public. The applicant is advised that it is mandatory that either the applicant or an authorized agent of the applicant must be present at the hearing.

For comment submissions for this application or to request more information about this matter, please contact Committee of Adjustment at [email protected] or visit the City of Burlington Planning Department, 426 Brant Street Burlington ON L7R 3Z6.


Personal information including comments and public feedback, is collected under the legal authority of the Planning Act, R.S.O. 1990, Chapter

c. P.13, as amended, and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, as amended, which will be used

to process the application and in the decision making process and becomes the property of the City of Burlington, and is considered to be a

public record and will be disclosed to any individual (including being posted on the internet) upon request. Questions about this collection

should be directed to the Secretary-Treasurer, Burlington Committee of Adjustment, City Building, 426 Brant Street, P.O. Box 5013,

Burlington, Ontario; L7R 3Z6 (905) 335-7629.

Key Map

committee of adjustment november 18, 2019 - …...committee of adjustment meeting #21 agenda...

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