Having considered whether or not the variance(s) requested are minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, and that this application has met the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,
Moved by S. Dykstra
Seconded by D. Gundrum
That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Table 5.1.2 Row 7 and Section 4.15.1.5 of Zoning By-law (1995)-14864, as amended, for 104 Winston Crescent, to permit:
- a minimum left side yard setback of 1.2 metres for the proposed attached garage and two-storey addition to the existing detached dwelling, when the By-law requires a minimum side yard setback of 1.5 metres for a property in an R.1B zone of 1 to 2 storeys; and
- an accessory apartment size of 95.5 square metres, or 30.4 percent of the total floor area of the detached dwelling (including proposed addition), when the By-law requires that an accessory apartment shall not exceed 45 percent of the total floor area of the building and shall not exceed a maximum of 80 square metres in floor area, whichever is lesser,
be approved, subject to the following conditions:
- Prior to the issuance of a building permit for the modifications to the accessory building, the owner provides written documentation, including drawings, that no encroachment is proposed or provides a copy of an agreement between the two owners that has been executed recognizing the encroachment.
- That prior to the issuance of a building permit, the owner confirms and provides written confirmation that an access agreement for the purposes of maintenance of the accessory building at 102 Winston Crescent has been registered on title.
Reasons:
These minor variance requests are approved, as it is the opinion of the Committee that, with the above noted conditions of approval, this application meets all four tests under Section 45(1) of the Planning Act.
AND
That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a variance from the requirements of Table 5.1.2 Row 8 of Zoning By-law (1995)-14864, as amended, for 104 Winston Crescent, to permit a minimum rear yard setback of 4.38 metres for the proposed two-storey addition to the existing detached dwelling, when the By-law requires a minimum rear yard setback of 7.5 metres or 20 percent of the lot depth [being 6.1 metres], whichever is lesser, be refused.
Reasons:
This minor variance request is refused, as it is the opinion of the Committee that this variance request does not meet all four tests under Section 45(1) of the Planning Act as outlined in the staff comments, specifically being that it is not minor in nature and it is not considered to be desirable for the appropriate development of the lands.
Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.