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 J. Smith
Seconded by K. Meads
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 Section 18.104.22.168, Table 4.7 Row 3, Table 5.1.2 Row 6, Section 22.214.171.124 i), and Section 126.96.36.199 of Zoning By-law (1995)-14864, as amended, for 65 Alma Street South, to permit:
- the proposed open roofed porch to be located in the driveway sight line triangle, when the By-law requires that within any part of a sight line triangle at vehicular access area no building, structure, play equipment, statue, swimming pool/hot tub or parked motor vehicle shall be located;
- the proposed 1 storey open roofed porch to be located a minimum of 0.58 metres from the front lot line, when the By-law requires that an open roofed porch not exceeding 1 storey in height has a minimum setback of 2 metres from the front lot line;
- the proposed addition to the front of the existing dwelling to have a minimum front yard setback of 0.56 metres, when the By-law requires that a minimum front yard of 6 metres or the average of the setbacks of the adjacent properties [being 6.65 metres]; and
- the proposed accessory structure to be 4.5 metres in height, when the By-law requires that in a residential zone, an accessory building or structure shall not exceed 3.6 metres in height,
be approved, subject to the following conditions:
- That the proposed shed remains in the general location as shown on the Public Notice sketch.
- The Owner(s) agrees to construct the open roofed porch within the sightline triangle with such material that will not encumber the sightlines.
This application is 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.
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.