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