40500-03

40500-03

 

CITY OF BURNABY

 

BOARD OF VARIANCE

 

M I N U T E S

 

A Hearing of the Board of Variance was held in the Council Chamber, City Hall, 4949 Canada Way, Burnaby, B.C., on Thursday, 2015 January 08 at 1:00 p.m.

 

PRESENT:     Ms. C. Richter

  Mr. B. Pound

  Mr. S. Nemeth

           Mr. P. Ferronato

Mr. B. Bharaj

 

STAFF:           Ms. M. Malysz, Planning Department Representative

                        Mr. E. Prior, Administrative Assistant

 

 

The Secretary called the Hearing to order at 1:00 p.m.

 

 

ELECTION OF CHAIRPERSON

 

MOVED BY Mr. S. NEMETH:

SECONDED BY MR. B. POUND:

 

“THAT Ms. C. Righter be appointed as Chair of the Burnaby Board of Variance for the 2015 January 08 Board of Variance Hearing.”

 

                                                                                         CARRIED UNANIMOUSLY

 

The Board requested the election of the Chair for the balance of 2015 be held at the next hearing.

 

 

MINUTES

 

MOVED BY MR. P. FERRONATO:

SECONDED BY MR. S. NEMETH:

 

"THAT the minutes of the Hearing of the Burnaby Board of Variance held on 2014 December 04 be adopted as circulated."

 

                                                                                         CARRIED UNANIMOUSLY

 

 

 

 

A P P E A L   A P P L I C A T I O N S

 

The following persons filed application forms requesting that they be permitted to appear before the Board of Variance for the purpose of appealing for the relaxation of specific requirements as defined in the Burnaby Zoning Bylaw 1965, Bylaw No. 4742:

 

1.      APPEAL NUMBER:  B.V.  6137                 

                             

APPELLANT:   Gurpreet Singh

 

REGISTERED OWNER OF PROPERTY:    Afroza and Hafizur Khan

                                                                        

         CIVIC ADDRESS OF PROPERTY:   6777 Hersham Avenue

 

LEGAL DESCRIPTION OF PROPERTY:  Lot 7; District Lot 91; Plan 2367

                   

                    APPEAL:     An appeal for the relaxation of Section 105.8(1) of the Burnaby Zoning Bylaw which, if permitted, will allow for new deck cover to the upper floor and secondary suite to the main floor of a single family dwelling at 6777 Hersham Avenue. The principal building depth will be 73.0 feet where a maximum depth of 60.0 feet is permitted.(Zone R-5)

 

APPELLANT'S SUBMISSION:

 

Gurpreet Singh submitted an application for the retention of a deck cover to the upper floor and secondary suite.

 

Mr. Singh and Ms. Kan appeared before members of the Board of Variance at the Hearing.

 

BURNABY PLANNING AND BUILDING DEPARTMENTS COMMENT:

 

An appeal for the relaxation of Section 105.8(1) of the Burnaby Zoning Bylaw which, if permitted, will allow for addition of a roof over the existing upper floor deck of a single family dwelling at 6777 Hersham Avenue. The proposed principal building depth is 73.0 feet where a maximum depth of 60.0 feet is permitted.

 

The subject site, zoned R5 Residential District, is located in the Richmond Park neighbourhood in which the age and condition of single and two-family dwellings vary. This interior lot, approximately 40 ft. wide and 166.4 ft. long, fronts onto Hersham Avenue to the northeast. The subject site abuts single family lots to the northwest and southeast. Vehicular access to the subject site is provided via the rear lane. The site is relatively flat with a downward slope of approximately 2 ft. from the front to the rear. The subject site is improved with a single family dwelling, originally built in 1990. Sometime before 2002, the site was further improved with an addition and alterations to the main floor to accommodate a secondary suite and a roof addition over the rear deck on the upper floor. These improvements were made without the benefit of a building permit. The unauthorized main floor addition increases the gross floor area beyond that permitted for the subject site and is to be removed. The roof addition only is the subject of this appeal.

 

The appeal is for a principal building depth of 73 ft. where a maximum building depth of 60.0 ft. is permitted.

 

The Bylaw’s intent in limiting building depth is to prevent the creation of dwellings that present a long wall, such that the massing of the building impacts neighbouring properties.

 

The new roof spans across the entire rear deck, which is 10 ft. deep and 32 ft. wide and consists of a flat aluminum roof supported on aluminum posts and beams. The roof connects to the main roof of the dwelling just under the gutter level. The new roof projects in front of neighbouring dwellings on both sides of the subject property, and partly overlaps the covered patio/deck of the neighbouring dwelling to the northwest and the open deck of the neighbouring dwelling to the southeast. Many similar deck covers are found in the subject block.

 

It should be noted that the existing dwelling is 73 ft. deep and is legal non-conforming with respect to the requirements of the Zoning Bylaw. The main body of the dwelling contributes 63 ft. to the overall building depth, with the remaining 10 ft. contributed by the rear deck, which is raised from the ground approximately 9.5 ft.

 

In summary, given the small massing of the new roof, the neighbouring residences to the northwest and southeast of the subject site are marginally affected. Also, considering the siting of the subject dwelling, aligned in general with the neighbouring dwellings when viewed from the lane (rear), the new roof addition does not create the perception of a long wall.

 

In view of the above, this Department does not object to the granting of this variance.

 

         ADJACENT OWNER'S COMMENTS:

                                   

Correspondence was received from Mr. Chen, 6785 Hersham Avenue, in opposition to this appeal.

 

DECISION:

 

MOVED BY MR. B. POUND:

SECONDED BY MR. S. NEMETH:

 

“THAT based on the plans submitted this appeal be ALLOWED.”

 

                                                                                          CARRIED UNANIMOUSLY

 

                             

 

 

                                                                                                              

2.      APPEAL NUMBER:  B.V.  6138                 

                                                                                                                                                                                   

APPELLANT:   Gurcharan Minhas

 

REGISTERED OWNER OF PROPERTY:   Simar Custom Homes LTD

 

         CIVIC ADDRESS OF PROPERTY:   7689 Rosewood Street

 

LEGAL DESCRIPTION OF PROPERTY:  Lot 11; District Lot 30; Plan 19519

 

                     APPEAL:   An appeal for the relaxation of Section 105.9 of the Burnaby Zoning Bylaw which, if permitted, will allow for construction of a new two family dwelling 7689 and 7691 (proposed strata address) Rosewood Street. The front yard setback will be 23.5 feet to the post where a minimum front yard setback of 26.55 feet is required based on front yard averaging.  The roof overhang will be 2.0 feet beyond the post. (Zone R-5)   

 

APPELLANT'S SUBMISSION:

 

Gurcharan Minhas submitted an application for relaxation of the Burnaby Zoning Bylaw to allow for construction a new two family dwelling at 7689 Rosewood Street.

 

Mr. Minhas appeared before members of the Board of Variance at the Hearing.

 

BURNABY PLANNING AND BUILDING DEPARTMENTS COMMENT:

 

An appeal for the relaxation of Section 105.9 of the Burnaby Zoning Bylaw which, if permitted, will allow for construction of a new two family dwelling at 7689 Rosewood Street. The proposed front yard setback is 23.5 feet to the post where a minimum front yard setback of 26.55 feet is required based on front yard averaging.  The proposed roof overhang extends 2.0 feet beyond the post.

 

The subject site, zoned R5 Residential District, is located in the Richmond Park neighbourhood in which the age and condition of single and two-family dwellings vary. This irregular “L” shaped interior lot, which is approximately 60 ft. wide (at the front property line) and 118.8 ft. deep, fronts onto Rosewood Street to the southeast. The subject site abuts single family lots to the southeast and northeast. Vehicular access to the subject site is proposed via the rear lane to the northwest and the existing redundant access from Rosewood Street is proposed to be removed. The site observes a downward slope of approximately 7 ft. in the south to north direction. The applicant proposes to redevelop the site with a new two-family dwelling including two detached garages, for which a variance has been requested.

 

The appeal proposes a front yard setback of 23.5 ft., measured to the front porch posts of the proposed single-family dwelling, with a further projection for roof eaves of 2 ft., where front yard averaging requires a minimum setback of 26.55 ft. from the front property line.

 

In 1991, Council responded to public concerns regarding the bulk and massing of newer and larger homes that were being built in existing neighbourhoods. Several text amendments to the Zoning Bylaw were made to address these concerns including a requirement to set new construction back from the front property line based on an average of the two houses on either side of the subject site. The intent was to ease new construction into existing street frontages with minimal impacts.

 

In this case, front yard averaging calculations are based on the front yards of the two existing dwellings at 7659 and 7667 Rosewood Street immediately southwest of the subject site. The front yard setbacks for these properties are 26.78 ft. and 26.31 ft. respectively. The existing dwellings to the northeast of the subject site, which front Canada Way, are not included in the front yard averaging calculation. The existing dwelling on the subject lot, which was built in 1959, observes a front yard setback of approximately 25.5 ft.

 

As mentioned above, the front yard setback is measured to the front porch posts. With the exception of the front porch and bay window features, the main body of the proposed dwelling would be set back an additional 1.5 ft. resulting in a front yard setback of 25 ft., consistent with the existing front yard setback. Also, the upper floor is proposed to be set back 16.6 ft. from the front porch posts.

 

With respect to the existing streetscape, the proposed dwelling would be located approximately 2.81 ft. in front of the adjacent dwelling to the southwest (or 1.31 ft. if the front porches and bay windows are excepted). If the actual ‘corner to corner’ relationship is considered, the south corner of the subject dwelling would be approximately 5 ft. in front of the adjacent corner of this neighbouring dwelling.

 

Similarly, on the opposite side of the subject property, the east corner of the subject dwelling would be approximately 5 ft. in front of the adjacent corner of an existing detached garage in the rear yard of the neighbouring property at 6985 Canada Way.

 

Although the requested variance is relatively minor and somewhat mitigated by the generous upper floor setback and absence of overlapping windows, design alternatives exist that are consistent with all provisions of the Zoning Bylaw. For instance, if the proposed garages were rotated to flank the rear lane, the proposed two family dwelling could be moved back to provide the required 26.55 ft. front yard setback.

 

For this reason, this Department cannot support the granting of this variance.

 

ADJACENT OWNER'S COMMENTS:

 

No submissions or comments were received regarding this appeal.

 

DECISION:

        

MOVED BY MR. P. FERRONATO:

SECONDED BY MR. S. NEMETH:

 

“THAT based on the plans submitted this appeal be ALLOWED.”

 

                                                                                          CARRIED UNANIMOUSLY

3.      APPEAL NUMBER:  B.V.  6139                 

                                                                                                                                                                                   

APPELLANT:   Axel Tjaden

 

REGISTERED OWNER OF PROPERTY:   Axel Tjaden and Karen Tee

                    

         CIVIC ADDRESS OF PROPERTY:   6311 Lakeview Avenue

 

LEGAL DESCRIPTION OF PROPERTY:  Lot 17; District Lot 92; Plan 13792

 

                    APPEAL:     An appeal for the relaxation of Sections 104.8(1), 104.10(1) and 104.11of the Burnaby Zoning Bylaw which, if permitted, will allow for the construction of a new carport to the basement, and a new deck and addition to the main floor at 6311 Lakeview Avenue. The following variances are being requested:

 

a)      the building depth, measured from the front of the existing principal building to the rear of the new deck, will be 36.25 feet where a maximum 33.42 feet is permitted;

Note: the existing principal building is approximately 0.50 feet closer to the rear (northwest) property line than the new deck.

 

b)      The side yard setback, measured from the south property line to the addition, will be 0.61 feet where a minimum 4.9 feet is required; and

 

c)      The rear yard setback, measured from the northwest property line to the new deck post, will be 6.0 feet where a minimum of 29.5 feet is required. (Zone R-4)

 

APPELLANT'S SUBMISSION:

 

Axel Tjaden and Karen Tee submitted an application for relaxation of the Burnaby Zoning Bylaw to allow for additions to an existing single family dwelling.

 

Mr. Tjaden appeared before members of the Board of Variance at the Hearing.

 

BURNABY PLANNING AND BUILDING DEPARTMENTS COMMENT:

 

An appeal for the relaxation of Sections 104.8(1), 104.10(1) and 104.11 of the Burnaby Zoning Bylaw which, if permitted, will allow for the construction of a new carport to the basement, and a new deck and addition to the main floor at 6311 Lakeview Avenue. The following variances are being requested:

 

a)      the building depth, measured from the front of the existing principal building to the rear of the new deck, will be 36.25 feet where a maximum 33.42 feet is permitted;

Note: the existing principal building is approximately 0.50 feet closer to the rear (northwest) property line than the new deck.

 

b)         The side yard setback, measured from the south property line to the addition, will be 0.61 feet where a minimum 4.9 feet is required; and

 

c)         The rear yard setback, measured from the northwest property line to the new deck post, will be 6.0 feet where a minimum of 29.5 feet is required.

 

The subject site, which is zoned R4 Residential District, is located in the Kingsway-Beresford neighbourhood in which the age and condition of single family dwellings vary. This irregular, roughly triangular interior lot has a frontage of 76.3 ft. along Lakeview Avenue to the east. A rear lane runs at an angle immediately northwest of the subject site and intersects Lakeview Avenue and Stanley Street directly at the northern property line, which follows the curve of the lane. The lot is 110.6 ft. long along the south property line, but only 48.8 ft. long along the curved northern property line. The site is approximately 73.42 ft. deep as measured along the line joining the center points of the front (east) and rear (northwest) property lines. Abutting the site across the lane to the northwest are single family dwellings. A single family dwelling is also being constructed on the property to the immediate south. The subject site slopes downward approximately 10 ft. in the northwest- southeast direction. Vehicular access to the property is provided from the rear lane.

 

The site is improved with a single family dwelling, which was originally built in 1954/65. Subsequently, the site was further improved following two successful appeals to the Board on 1972 April 05 and 1972 October 05 (BV # 680 and BV #752 respectively), which permitted additions and alterations resulting in a front yard setback of 24 ft., where a 25 ft. setback was required, and a rear yard setback of 12 ft., where a 30 ft. setback was required. Sometime after 1989, the dwelling was further improved with a small addition on the south side, without the benefit of a building permit. This addition is the subject of the second b) appeal. A new carport/deck rear addition is the subject of the first a) and third c) appeal.

 

The irregular shape of the lot, and its flanking orientation to the only fronting street, Lakeview Avenue, present a hardship that must be considered in reviewing the first a) and third c) appeal. Specifically, the depth of the northern portion of the lot is insufficient to accommodate the required 24.6 ft. front yard setback and 29.5 ft. rear yard setback. In addition, the existing dwelling is oriented parallel to the Lakeview Avenue property line and at an angle to the slanting rear lane. The dwelling generally observes the required 24.6 ft. front yard setback, but fails to observe the required rear yard setback except in the southernmost part of the property. The existing garage and driveway access are located off the rear lane in the northern half of the property, where the lot narrows.

 

The first a) and third c) appeals, which relate to the rear addition, are co-related and are discussed first.

 

The first a) appeal is for a rear addition to the existing single family dwelling, which would result in a principal building depth of 36.25 ft. as measured to the new carport/deck, where a maximum building depth of 33.42 ft. is permitted.

 

The Bylaw’s intent in limiting building depth is to prevent the creation of dwellings that present a long wall, such that the massing of the building impacts neighbouring properties.

In this case, the building depth calculation is based on the building depth as projected onto the lot depth, which is the line joining the center points of the front and rear property lines. Due to the site geometry, this line is angled in relation to these property lines and measures only 73.42 ft., as noted above. Measured along this line, the proposed building depth is 36.25 ft., which exceeds the maximum permitted building depth by 2.83 ft. It is noted that the existing building depth, as constructed in 1954/65, is approximately 36.75 ft., which is legal non-conforming with respect to current Zoning Bylaw requirements. The new carport/deck rear addition would not increase this non-conformity.

 

The proposed rear addition consists of a new one-car carport at the basement level, partly recessed into the ground, and a new open deck above, which would wrap around the northwest corner of the existing dwelling. The proposed carport would be directly adjacent to the existing one-car attached garage at the northwest corner of the dwelling. To accommodate the proposed carport, the existing vehicular access (from the rear lane) would be widened by approximately 10 ft. This widened vehicular access would be directly opposite a paved parking area on the neighbouring property across the lane to the northwest. In general, there is strong presence of detached garages and fences in the subject lane.

 

Given the rotated orientation of the subject dwelling with respect to the rear property line, no substantial massing impacts are expected to the neighbouring residences to the northwest of the subject site. As such, the proposed carport/deck rear addition would not result in a long “wall” effect as viewed from properties across the lane to the northwest. Further, the site geometry and the existing angled placement of the subject dwelling creates design challenges and limits development options available on this site.

 

Given these factors and the relatively low impact of the proposal on neighbouring properties, this Department does not object to the granting of this first a) appeal.

 

The third c) appeal is for a rear yard setback of 6.0 ft., measured to the proposed rear addition to the existing single family dwelling, where a minimum rear yard setback of 29.5 ft. is required.

 

The intent of the Bylaw is to mitigate the massing impacts of new buildings and structures on neighbouring properties and to ensure sufficient outdoor living area in the rear yard.

 

In this case, the existing dwelling observes a rear yard setback of 11.49 ft., as measured to the northwest corner of the building, which is legal non-conforming with respect to current Zoning Bylaw requirements. The proposed new carport/deck rear addition to the northwest corner of the dwelling would further reduce this setback by 5.49 ft.

 

The rear yard measurement for the subject site is taken from the rear lot line to the northwest face of the proposed carport/deck addition, which is parallel to the lane. Again, given the rotated orientation of the addition in relation to the rear property line, the proposed encroachment would have limited impact on surrounding properties. Further, the proposed carport/deck addition would be comparable in massing to neighbouring detached garages along the subject lane. Lastly, sufficient green area would remain available in the southwest part of this site.

In view of the above, and considering the above noted design challenges related to the existing orientation of development and site geometry, this Department does not object to the granting of this third c) appeal.

 

The second b) appeal would permit a side yard setback of 0.61 ft. from the south property line to the side addition, with a further projection for roof eaves of approximately 1.0 ft., where a minimum side yard setback of 4.9 ft. is required.

 

The intent of the Bylaw is to mitigate the impacts of building massing on neighbouring properties.

 

In this case, the existing dwelling observes a south side yard setback of 5.91 ft., which is in compliance with respect to the side yard setback requirement.

 

The already constructed side addition is approximately 12.5 ft. wide and projects approximately 5.25 ft. from the main body of the existing dwelling in the middle of the south elevation. The addition is covered with a shed type roof, which is approximately 9 ft. high at the point of connection with the south wall of the dwelling. The roof slightly overhangs the neighbouring fence along the shared south property line. This fence is approximately 5.5 ft. high and partly screens the addition when viewed from the neighbouring property to the south, which is currently under construction. However, the side addition fully overlaps the neighbouring dwelling, which observes a side yard setback of 6.5 ft., and with a setback of only 0.61 ft., creates a sense of overcrowding. Further, this neighbouring dwelling features a window directly opposite the addition.

 

Since the proposed addition negatively impacts the neighbouring residence to the south, this Department objects to the granting of this second b) variance.

 

         ADJACENT OWNER'S COMMENTS:

 

No  submissions were received regarding this appeal.

 

DECISION:

 

MOVED BY MR. B. BHARAJ:

SECONDED BY MR. S. NEMETH:

 

“THAT based on the plans submitted part (a) of this appeal be ALLOWED.”

 

                                                                                          CARRIED UNANIMOUSLY

 

MOVED BY MR. B. BHARAJ:

SECONDED BY MR. S. NEMETH:

 

“THAT based on the plans submitted part (b) of this appeal be ALLOWED.”

                                                                                         

                                                                                          CARRIED UNANIMOUSLY

MOVED BY MR. B. BHARAJ:

SECONDED BY MR. S. NEMETH:

 

“THAT based on the plans submitted part (c) of this appeal be ALLOWED.”

                                                                                         

                                                                                          CARRIED UNANIMOUSLY

 

 

4.      APPEAL NUMBER:  B.V.  6140                 

                                                                                                                                                                       

APPELLANT:   Avtar Basra

 

REGISTERED OWNER OF PROPERTY:    Canada Haojun Development Group Co. and

                                                                         A-G Tej Construction Ltd

                    

         CIVIC ADDRESS OF PROPERTY:   1205 Sperling Avenue

 

LEGAL DESCRIPTION OF PROPERTY:  Lot 3; District Lot 132; Plan 20814

 

                    APPEAL:     An appeal for the relaxation of Sections 104.9 and 6.6(2)(g)(i) of the Burnaby Zoning Bylaw which, if permitted, will allow for the construction of a new two family dwelling with detached garages at 1205 Sperling Avenue. The following variances are being requested:

 

a)      the principal building front yard setback, measured from the east property line to the principal building, will be 36.0 feet where a minimum 40.0 feet is required based on front yard averaging; and

 

b)      the proposed detached garage (B-North), measured from the north property line to the detached garage, will be 16.0 feet where a minimum 24.6 feet is required. (Zone R-4)

 

APPELLANT'S SUBMISSION:

 

Vikram Tiku submitted an application for relaxation of the Burnaby Zoning Bylaw to allow for construction of his client’s new two family dwelling.

 

Mr. Tiku before members of the Board of Variance at the Hearing.

 

BURNABY PLANNING AND BUILDING DEPARTMENTS COMMENT:

 

An appeal for the relaxation of Sections 104.9 and 6.6(2)(g)(i) of the Burnaby Zoning Bylaw which, if permitted, will allow for the construction of a new two family dwelling with two detached garages at 1205 Sperling Avenue. The following variances are requested:

 

a)            a principal building front yard setback, measured from the east property line to the principal building, of 36.0 feet where a minimum of 40.0 feet is required based on front yard averaging; and

 

b)           a proposed detached garage (B-North) setback, measured from the north property line to the detached garage, of 16.0 feet where a minimum of 24.6 feet is required.

 

The subject site, zoned R4 Residential District, is located in the Lochdale neighbourhood in which the age and condition of single and two-family dwellings vary. This corner lot, approximately 83.1 ft. wide and 121 ft. deep, fronts Sperling Avenue to the east and flanks Aubrey Street to the north. Abutting the site to the south and across the lane to the west are single family dwellings. Vehicular access to the subject property is proposed via the lane. The subject lot is relatively flat with a downward slope of approximately 3.6 ft. in the northwest-southeast direction. The subject site is currently vacant. The subject lot is proposed to be developed with a new two-family dwelling including two detached garages, for which two variances have been requested.

 

The first a) appeal proposes a front yard setback of 36.0 ft., measured to the foundation of the principal building, with a further projection for roof eaves of 2.5 ft., where front yard averaging requires a minimum setback of 40.0 ft. from the front property line.

 

In 1991, Council responded to public concerns regarding the bulk and massing of newer and larger homes that were being built in existing neighbourhoods. Several text amendments to the Zoning Bylaw were made to address these concerns, including a requirement to set new construction back from the front property line based on an average of the two houses on either side of the subject site. The intent was to ease new construction into existing street frontages with minimal impacts.

 

In this case, front yard averaging calculations are based on the front yards of the two existing dwellings at 1225 and 1245 Sperling Avenue immediately south of the subject site, which both observe front yard setbacks of 40.0 ft.

 

Although the subject site fronts Sperling Avenue, the proposed siting of the two-family dwelling is oriented towards Aubrey Street. As a result, the proposed east elevation along Sperling Avenue would have the appearance of a ‘side’ elevation, rather than a ‘front’ elevation, with no setback variations. With respect to the south elevation, the upper floor is proposed to be set back 14.8 ft. from the main floor face. In addition, the rear exterior corner of the upper floor of each unit would consist of a covered deck. These features reduce, to an extent, massing impacts on the neighbouring properties to the south.

 

With respect to the existing streetscape, the proposed dwelling would be located 4.0 ft. in front of the adjacent dwelling to the south. If the actual ‘corner to corner’ relationship is considered, the southeast corner of the subject dwelling would be approximately 9.0 ft. in front of the northeast corner of this neighbouring dwelling (which is set back 5.0 ft. from its most east facade). As noted above, the proposed upper floor setback and massing reduce, to an extent, the impacts on the adjacent dwelling to the southwest. Another factor is an increased south side yard setback of 8.71 ft., where a minimum side yard setback required is 4.9 ft. Further, the adjacent dwelling features no windows on the elevation facing the subject site. Lastly, the proposed front yard setback would be consistent with that of the neighbouring

 

 

dwelling across Aubrey Street to the north, which observes a similar front yard setback of approximately 35.5 ft.

 

Nonetheless, this variance request appears to be the result of a design choice rather than hardship, as alternatives exist to redistribute or reduce the proposed floor area to meet the required setback. For this reason, this Department cannot support the granting of this first a) variance.

 

The second b) appeal would permit the construction of a detached garage observing a flanking street side yard setback of 16.0 ft., where a minimum flanking street side yard setback of 24.6 ft. is required.

 

The intent of the Bylaw is to mitigate the impact of massing on neighbouring properties. In the case of an accessory building facing a flanking street, the Bylaw requires it to be located not closer to the flanking street than the front yard setback for the principal building on the same flanking street.

 

In this case, the proposed north detached garage would encroach 8.6 ft. into the required flanking street side yard. At the same time, the garage would be located approximately 8.6 ft. in front of the adjacent dwelling across the lane to the west, which observes a front yard setback of approximately 24.6 ft. The proposed one-car detached garage would be 11.16 ft. wide by 20.25 ft. long by 9 ft. high. It appears that most of the garage massing would be screened from the neighbouring residence across the lane to the west by a mature hedge that borders the front yard of this property. Also, the neighbouring residence has no windows on the east elevation facing the lane. It should be noted that the detached garage would just meet all other Bylaw setback requirements, including the required vision clearance zone, with little room for alternative placement.

 

In view of the above, this Department does not object the granting of this second b) variance.

 

         ADJACENT OWNER'S COMMENTS:

 

No submissions were received regarding this appeal.

 

 

 

 

 

 

 

 

 

 

 

 

DECISION:

 

MOVED BY MR. B. BHARAJ:

SECONDED BY MR. S. NEMETH:

 

“THAT based on the plans submitted part (a) of this appeal be ALLOWED.”

 

                                                                                          FOR:            MR. B. BHARAJ

                                                                                                               MR. P. FERRONATO

                                                                                                               MR. B.POUND

                                                                                                               MR. NEMETH

 

                                                                                          OPPOSED:  MS. C. RICHTER

                                                                                         

                                                                                          CARRIED

 

 

MOVED BY MR. B. BHARAJ:

SECONDED BY MR. B. POUND:

 

“THAT based on the plans submitted part (b) of this appeal be ALLOWED.”

 

                                                                                          FOR:            MR. B. BHARAJ

                                                                                                               MR. P. FERRONATO

                                                                                                               MR. B.POUND

                                                                                                               MR. NEMETH

 

                                                                                          OPPOSED:  MS. C. RICHTER

                                                                                         

                                                                                          CARRIED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A D J O U R N M E N T

 

MOVED BY MR. P. FERRONATO:

SECONDED BY MR. B. BHARAJ:

 

"THAT this Hearing do now adjourn."

 

                                                                                         CARRIED UNANIMOUSLY

 

The Hearing adjourned at 2:00 p.m.

 

 

                                                                                                                                                                             

                                                                                         Ms. C. Richter

 

        

 

                                                                                         ____________________________

                                                                                         Mr. B. Bharaj

 

 

 

                                                                                                                      ____________________________

                                                                                         Mr. P. Ferronato

 

 

 

                                                                                                                                                                             

                                                                                          Mr. S. Nemeth

 

 

 

 

                                                                                                                                                                                         

                                                                                         Mr. B. Pound

                                                                                                                     

 

 

                                                         

E. Prior

Administrative Officer

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